I am thinking of buying a home in Ramat Bet Shemesh that is being built with a large chalal within it. It seems that officially I need an ishur to use it and make it part of home, but apparently everyone does it. It is all internal building, and I want to know if there are any halachic issues of building without an ishur… I dont fully understand the system because I live in America, and planning to make aliyah. Please let me know if that was unclear. Here is the link to the home http://www.ramatbeitshemesh.com/nofei-haroeh-semi-private-home-3-5-bedroom/
Thanks so much

Answer:

Building without a permit involves two issues:

1. The “law of the land”.

2. The question of “theft” of neighbors’ property (the chalal is officially the property of all residents).

Concerning the first issue, authorities take different approaches, and many are lenient where the building does not affect others.

Concerning the second, the general custom is that where the chalal cannot be accessed by other residents of the building, a person with sole access to the area can use it for his own use. Please see here for more details.

Best wishes and good luck with the project.

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