Form 4 in Israel: What to See Before the Final Payment
New apartment building with utility connections and an official certificate
Form 4 (Tofes 4) is the certificate issued under the Planning and Building Law 5725-1965 that allows a completed building to be connected to the electricity, water and telephone networks. Without it the apartment cannot lawfully be occupied, and a developer who delivers keys without it is delivering a property you cannot legally live in. A foreign buyer should therefore make Form 4 a written condition of the final instalment, and should know how it differs from the certificate of completion that follows it.
What Form 4 is and who issues it
Form 4 is issued by the local planning and building authority after it is satisfied that the building was constructed in accordance with the permit and that the conditions for occupancy set in the permit have been met. It is the document that utility companies require before making permanent connections. Its name comes from the numbered forms in the regulations made under the Planning and Building Law.
Form 4 is a statement about the building, not about your apartment's finish quality. It tells you the structure was built according to the permit and is safe to occupy. It does not tell you whether the tiles are straight or whether the kitchen matches the specification. Those matters are governed by the Sale (Apartments) Law 5733-1973 and are checked at the delivery protocol.
Form 4 versus the certificate of completion
Form 4 permits connection to utilities and occupancy. It may be issued while some non-essential works, such as landscaping or parts of the common areas, are still outstanding.
The certificate of completion (te'udat gemer) is issued later, when all permit conditions have been fulfilled. It is required for registering the building as a condominium and completing registration of your apartment.
A building can have Form 4 for years without a certificate of completion. This affects registration of your rights, not your right to live there.
Ask the developer's lawyer what still stands between Form 4 and the certificate of completion, and who is responsible for closing the gap.
Linking payment to Form 4 in the contract
Standard Israeli sale contracts for new apartments schedule payments against construction progress, with the last instalment due at delivery. The protection for the buyer lies in how delivery is defined.
Define delivery as physical handover together with a copy of Form 4 covering your apartment, not as a date on a calendar.
State that the final instalment is payable only after Form 4 is presented and the delivery protocol is signed.
Ask whether the Form 4 is for the whole building or for a specific wing or floor; partial forms exist and you need one that covers your unit.
Keep the payment mechanism under the Sale (Apartments) (Assurance of Investments) Law 5735-1974 in place until the last payment; do not agree to pay outside the project's protected account.
What to ask for before you release funds
A copy of the Form 4 document itself, showing the building address, block and parcel numbers and the issue date.
Confirmation that the utility connections to your apartment are permanent, not temporary construction connections.
The signed delivery protocol under the Sale (Apartments) Law listing any defects found at handover.
The developer's confirmation of which guarantee under the Assurance of Investments Law is being replaced, and by what, at delivery.
If you cannot attend, a written authorisation for your representative to inspect and sign the protocol on your behalf.
When the developer asks you to move in without Form 4
Some developers ask buyers to accept keys and pay the last instalment while Form 4 is still pending, promising that it will follow. This shifts the risk of a planning problem from the developer to you. If a deviation from the permit delays the form, you will be living in a property that may face enforcement, and your leverage over the developer will have been paid away. If the contract allows early handover, the final instalment should remain conditional on the form and the delay should carry the consequences the contract sets.
Common mistakes
Treating a handover ceremony as proof that the building is approved.
Accepting a Form 4 for a different part of the project than the one your apartment is in.
Paying the final instalment into the developer's general account rather than through the protected payment mechanism.
Confusing Form 4 with the certificate of completion and assuming registration will be immediate.
Signing a delivery protocol without inspecting the apartment or sending someone to inspect it.
FAQ
Can I get utilities connected without Form 4?
Only temporary construction-stage connections exist before Form 4. Permanent connections in your name require the form, which is why occupancy without it is both unlawful and impractical.
Does Form 4 mean my apartment is registered in my name?
No. Registration in the Land Registry under the Land Law 5729-1969 is a separate process that depends on the certificate of completion, condominium registration and tax confirmations.
What if the developer never obtains Form 4?
That is a breach of the permit and usually of the sale contract. Your remedies depend on the contract wording and the Assurance of Investments Law guarantee you hold; speak to your lawyer before paying anything further.
Sources
Planning and Building Law 5725-1965 and regulations made under it (Form 4, certificate of completion)
Sale (Apartments) Law 5733-1973
Sale (Apartments) (Assurance of Investments) Law 5735-1974
Land Law 5729-1969
This guide is general information, not legal or tax advice, and is accurate to the best of our knowledge as of November 2026. For a specific case contact Kobi Elkayam Real Estate at 053-658-4252.