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The statutory payment schedule: a percentage for every construction stage

Where the security you received is neither a bank guarantee nor an insurance policy, the payment schedule in your contract gives way. A statutory table takes its place, fixing an exact percentage for each stage of execution.

By Luai Zakaria9 min read

Construction at Mitzpe Kalaniyot — payments follow the stages of execution
Construction at Mitzpe Kalaniyot — payments follow the stages of execution

Most buyers read the payment schedule in their contract as a given. It is not necessarily a given. Where the security the seller provided is neither a bank guarantee nor an insurance policy, the Sale (Apartments) (Assurance of Investments) (Limit on Payments on Account of an Apartment's Price) Regulations, 1975 substitute a different schedule — and the Ministry of Construction and Housing puts it sharply: notwithstanding the payment dates set in the purchase agreement, the payment dates shall be those set by law.

The idea is simple. If the money is not secured by a guarantee that returns it, it must be tied to physical progress on site. A buyer does not pay for a promise; a buyer pays for a slab that has been cast, a frame that has been completed, external cladding that has been finished.

New construction: the binding table

Construction stagePart of the building the stage must coverShare of the price
Completion of casting the lowest-level slabThe whole building31%
Completion of frame works, including electrical and plumbing in the frame, internal partitions and opening frames in the protected spaceThe floor of the apartment and the floors beneath it25%
Completion of frame works, as aboveThe whole building5%
Completion of external claddingThe whole building6%
Completion of plaster and flooringThe apartment10%
Completion of internal cladding, installation of windows and railings, entrance doors and fire doorsThe apartment13%
Completion of shared systems, including lifts and firefighting, and yard and common-area development as required for occupancy approvalThe whole building5%
Receipt of occupancy approval and handover of the apartment per the sale contractThe apartment5%
Total100%

Note the second and third stages: the same description of works appears twice — once for the apartment's floor and those beneath it (25%) and once for the whole building (5%). That is deliberate, separating progress that reaches your apartment from completion of the building as a whole.

What the table actually says

  1. 31% attaches to a single slab. The first and heaviest stage is completion of the lowest-level slab across the whole building. Until that has happened there is no statutory basis for demanding that share.
  2. 5% stays for handover. The law reserves part of the consideration for the moment occupancy approval is received and the apartment is handed over. That is real leverage on handover day.
  3. Every stage is measured against a written description. Not "the building is progressing", but "completion of external cladding, the whole building". A buyer asking for evidence of a stage is asking for confirmation that a specific description has been met.

The separate schedule for earthquake-strengthening projects

For projects where new apartments are added as part of strengthening an existing building, the regulations set a separate schedule weighted towards the strengthening works themselves: 13% on completing strengthening works on the first floor of the existing building, a further 13% across the whole existing building, 20% for the frame of the new floors, 6% for external cladding, 22% for plaster and flooring, 10% for internal cladding and windows, 10% for shared systems, and 6% on occupancy approval and handover.

When the table does not apply

Where the security is a bank guarantee or an insurance policy, the payment schedule is the one in the contract. The logic: the money comes back even if the project stops, so there is no need to tie it to execution stages. That is precisely why the two protective routes — return of money versus linkage to progress — are complementary by design. The five securities and the seven-per-cent rule are covered in the article on securing a buyer's funds.

The key figures

Largest single stage
31% — completion of the lowest-level slab, whole building
Reserved for handover
5% — occupancy approval and delivery
Source
Regulation 1 of the 1975 payment-limit regulations
When it applies
When the security is neither a bank guarantee nor an insurance policy
Breach
A criminal offence

What to ask for, and when

  1. Before every payment: identify which stage in the table it corresponds to.
  2. Ask for written evidence that the stage has been met for the part of the building named in the table.
  3. Demand a receipt setting out the full amount paid and the payment details.
  4. If the project is bank-financed, pay only through the voucher book, and verify with the financing bank that the voucher details match its own records.
  5. Keep the document chain: evidence, voucher, receipt. Three documents for every payment.

From the developer's side

The statutory schedule is also cash-flow discipline for a developer: it prevents raising cash quickly against slow progress and forces the project to be built at a pace that justifies the money coming in. A well-planned project is not harmed by the table, because the table mirrors the order in which building actually happens. The execution status of the company's projects is set out on the projects page.

Questions and answers

When does the statutory schedule override the contract?

When the security given is neither a bank guarantee nor an insurance policy — that is, with a first mortgage, a caution note or transfer of title.

What is the largest percentage in the schedule?

31% — on completion of casting the lowest-level slab across the whole building.

How much remains payable on handover day?

5% — on receipt of occupancy approval and handover of the apartment per the sale contract.

Is there a separate schedule for strengthening projects?

Yes. The regulations set a separate table for new apartments added while strengthening a building against earthquakes, with 13% for strengthening works on the first floor, a further 13% across the existing building, 20% for the frame of the new floors and 22% for plaster and flooring.

What if I am asked to pay above the stated rate?

The Ministry of Construction and Housing notes that non-compliance is a criminal offence and that an affected buyer may file a criminal complaint with the Israel Police; a complaint may also be made to the Sale Law Commissioner.

Sources

  1. Rights of an apartment buyer — payments by construction progress · Ministry of Construction and Housing · 10.12.2024
  2. Sale (Apartments) (Assurance of Investments) (Limit on Payments) Regulations, 1975 · Bank of Israel, Banking Supervision · 31.01.2022
  3. Guide for buyers of a new apartment · Ministry of Construction and Housing · 10.05.2022

Updated 17.09.2026

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