The privatization processes occurring in recent years within many kibbutzim, as part of the transition to a 'renewed kibbutz,' present complex legal challenges. While the goal is to transfer private rights to members for the homes in which they reside, the intersection of this process with planning and construction laws creates significant points of friction, particularly during the interim period between the decision on assignment and its final registration in the Land Registry (Tabu).
Adv. Smadar Ben Dor, an expert in the field, emphasizes that the kibbutz is subject to general law, even when it acts as the landowner. This is reflected in cases of building permit requests by members, where the kibbutz may approve actions that infringe upon the future rights of other members in areas slated for assignment. According to her, where assignment has not yet been completed, planning decisions that impact areas whose proprietary status has yet to be determined should be avoided.
Another principle issue concerns the method of dividing areas adjacent to apartments in multi-family structures. Contrary to the common practice in some kibbutzim that relies on historical 'land perception,' Adv. Ben Dor argues that distribution must be carried out according to the Land Law, proportional to the apartment size. She stresses that the kibbutz does not operate in a vacuum, and state laws supersede internal customs that do not align with statutory provisions.
The entire process is complex and requires full transparency. Adv. Ben Dor warns that the stage of drafting plans within the kibbutz is critical, as once a plan is submitted to planning authorities, modifying it becomes difficult, complex, or even impossible. Therefore, members are advised to carefully examine the maps and proposed plans and to file objections with the kibbutz management at the internal stage if errors are discovered, rather than waiting for more advanced stages of the proceedings.
Furthermore, it is clarified that the assignment process does not address the regulation of structures built without permits or construction violations, as these must satisfy standard planning and construction laws separately from the privatization process. In summary, professional legal counsel is deemed an essential component for members in privatization processes to ensure their proprietary rights are protected and that allocation is conducted in accordance with mandatory legal principles.