Justice Ministry Publishes Uniform Apartment Measurement Standard

A draft standard approved by the Real Estate Appraisal Standards Committee at the Ministry of Justice has been released for public comment and seeks to establish a uniform definition of the term apartment area definition, in order to reduce measurement discrepancies and increase certainty in the real estate market. The standard adopts a boundary-based measurement method from the outside inward, determines that a protected room (Mamad) will be included in the apartment area definition, that balconies will generally be excluded from it, and establishes a clear distinction between the apartment area definition and attached areas and related reporting.

By Dror Nir Kastel, Nadlan Center

After extensive staff work by a professional committee composed of representatives from government ministries and the private sector, the Real Estate Appraisal Standards Committee at the Ministry of Justice approved Draft Standard 9.1, which establishes an agreed and uniform definition of the term “apartment area definition.” The Ministry of Justice announced this today (Mon). The new standard is intended to replace the longstanding Standard 9.0 and resolve professional disputes that remained open regarding measurement methods and the definition of apartment area.

The move aims to increase certainty in the real estate market, reduce legal proceedings, ensure transparency toward homebuyers, and reduce friction between different players in the market. According to the new definitions, a protected room (Mamad) will be counted as part of the apartment area definition, and balconies will be included depending on whether they are covered. The standard also establishes a new method for measuring apartments as part of the apartment area definition.

In Israel, unlike in other countries, many different methods have historically been used to measure apartment size, which were defined over the years by various state laws. These methods differ from one another in whether they include wall thickness, covered balconies, and how internal staircases are measured. For example, under the Apartment Sales Law, the apartment area definition is measured from the entrance door inward and includes all the space enclosed between the apartment’s walls.

Measurement for Land Registry (Tabu) purposes, by contrast, is based on the condominium plan. In the past, apartment size was registered without internal walls and balconies, but today registration is more precise and includes covered areas attached to the apartment. In addition, for municipal tax (arnona), each municipality sets its own rules. Some measure “gross” (including proportional shares of common areas such as lobbies and elevators), and others measure “net” (interior space only). The multiplicity of measurement methods and the gaps between them created uncertainty and unnecessary friction in the real estate market, and even led to legal proceedings and burdensome bureaucratic processes with authorities.

The professional committee established Standard 9.0 as a fixed and uniform measurement method, which was approved and published at the beginning of 2007. Among other things, the standard was adopted by the Land Registration Authority (Tabu) at the Ministry of Justice and incorporated into the Apartment Sales Law in a way that obligates developers to declare the apartment size in the sales contract according to the standard.

Despite the fact that Standard 9.0 significantly reduced the lack of uniformity in the market, it became clear that professional questions remained unresolved regarding how certain building components should be measured and whether they should be included in the apartment area definition. With respect to these issues, room remained for interpretation that created small differences between measurements of the same apartment even after the standard was approved. These issues included, among others, how to measure shared walls between the apartment and common areas (such as stairwells), how to measure attics, and how to measure retaining walls in hillside apartments located below ground level.

In light of these issues, the Real Estate Appraisal Standards Committee at the Ministry of Justice initiated the establishment of a professional committee about a year ago whose purpose was to examine them and determine a modern new standard that would replace Standard 9.0 and prevent the remaining minor gaps. The professional team included representatives of all government ministries involved in the issue of apartment area measurement — representatives of the Ministry of Justice, the Ministry of Construction and Housing, the Survey of Israel, the Central Bureau of Statistics, and the Ministry of the Interior. In addition, representatives of the Israel Builders Association were invited to participate as full members.

Transition to a boundary-based definition

The most significant change in the standard is the transition to a “boundary-based” definition (from the outside inward). Whereas Standard 9.0 defined the area as the sum of interior spaces and wall thickness, Standard 9.1 defines the apartment area definition as the space enclosed within a polygon formed by lines running along the external faces of the exterior walls. This change creates alignment with the Apartment Sales Regulations and enables more precise and technical measurement suited to the digital era.

For a space to be considered part of the apartment area definition, it must meet three cumulative conditions: it must be covered and enclosed, have direct access from the apartment, and provide full privacy. Accordingly, a protected room (Mamad) is fully included in the apartment area definition, while sun balconies are generally not included and are defined as “attached areas” reported separately. A service balcony will be included in the apartment area only if it is covered and enclosed by walls (even if one of its sides is closed only with a railing).

In a multi-level apartment, the area beneath the stairs is included in the area of the floor from which they ascend. However, the area above the stairs on the upper level is considered a “shaft” and is not included in the calculation. Attics will be included only if they are connected by fixed stairs and have a minimum height of 180 cm. Laundry drying recesses are not included in the apartment area, even if they are covered and enclosed.

The standard clarifies how wall thickness is calculated to prevent duplication or omissions: in an exterior wall, the full thickness of the wall is included in the apartment area; in a shared wall, half of the wall thickness (with the boundary passing through its center) is included in the apartment area, whether it separates apartments or separates the apartment from a shared area such as a stairwell; and exterior walls built below ground level will be calculated according to a theoretical thickness of only 20 cm.

Beyond defining the area, the standard determines that every real estate appraisal must include detailed reporting. The appraiser must separately specify the apartment area, attached areas (parking spaces, storage rooms), and associated areas. In multi-level apartments, the area of each level must be reported separately, while ensuring that the area above stairs (on the upper level) is considered a shaft and not counted twice.

Bottom line: Standard 9.1 seeks to create a single uniform language for everyone involved in the sector — from appraisers and surveyors to apartment buyers — so that all parties clearly understand what is included in the apartment area definition.

The update to Standard 9.1 redefines the apartment area definition using a boundary-based approach (from the outside inward), in order to create uniformity with the Apartment Sales Regulations and adapt to digital measurement systems. The main differences compared with Standard 9.0 include an explicit determination that half the thickness of a shared wall (including one facing a public area such as a stairwell) is included in the apartment area, clearer definitions for attics (minimum height of 1.80 meters) and hillside apartments, and a requirement for detailed and separate reporting of attached areas and associated areas in real estate appraisals.

The draft standard was published for public comment until 12.5.26. The final version is expected to be approved within about two months after completion of discussions on the comments received from the public.