“Chamira Sakanta Mei’issura”: Bnei Brak Rabbonim Warn Against Unauthorized Sukkah Balconies

“Chamira Sakanta Mei’issura”: Bnei Brak Rabbonim Warn Against Unauthorized Sukkah Balconies

With Sukkos approaching, rabbonim in Bnei Brak have joined municipal and national enforcement officials in issuing an urgent warning against the construction of unauthorized balconies, platforms and other building additions intended to accommodate sukkahs, cautioning that improperly built structures can pose a serious danger to human life. Israel’s Real Estate Enforcement Authority has launched a targeted enforcement operation ahead of the Yom Tov aimed specifically at illegal balconies, structural additions and other construction that requires permits and engineering approval. Officials stressed that the campaign is not directed at ordinary temporary sukkahs erected for the holiday. Rather, the focus is on permanent or semi-permanent construction — including balconies and supporting structures — that goes beyond a conventional sukkah and is subject to building and safety regulations. As part of the initiative, warning letters have been sent to contractors, metalworkers and suppliers involved in constructing such additions. The letters remind them that they are required to comply with building regulations and may not perform work for which the necessary permits have not been obtained. At the same time, enforcement officials plan to conduct proactive inspections in communities around the country in an effort to identify unauthorized construction. When inspectors discover balconies or other additions erected without the necessary permits and approvals, enforcement proceedings may be opened against those responsible. The issue has particular relevance in densely populated communities such as Bnei Brak, where families living in apartment buildings sometimes seek creative ways to obtain an outdoor area suitable for building a sukkah. In some cases, however, makeshift balconies or platforms can be constructed outside apartment buildings without the engineering safeguards required for structures that must support adults, children, tables, chairs and other substantial weight. In an effort to prevent such construction before it takes place, the Bnei Brak Municipality, working together with the Real Estate Enforcement Authority, distributed a special notice to residents carrying a warning from the city’s rabbonim. The rabbonim invoked the well-known principle of chamira sakanta mei’issura — that danger must be treated even more seriously than a religious prohibition — urging residents not to jeopardize lives for the sake of creating additional sukkah space. The message emphasized that the desire to properly fulfill the mitzvah of sukkah cannot justify creating a structure that may endanger the family using it, neighbors or people passing below. The Real Estate Enforcement Authority similarly warned that building an addition without a permit, or constructing one in violation of the conditions of an existing permit, is against the law and can present a potentially deadly safety hazard. Aside from the physical danger, unauthorized construction can result in enforcement orders and substantial administrative fines. According to the authority, those penalties can reach hundreds of thousands of shekels, depending on the circumstances. Responsibility may also extend beyond the homeowner. Depending on the case, both the property owner who commissioned the work and the contractor who actually performed the unauthorized construction can be held accountable. Officials said the objective of the current campaign is therefore not merely to identify illegal structures after they have been erected, but to stop dangerous construction before it begins by warning homeowners and the professionals who might be hired to carry it out. The Real Estate Enforcement Authority said: “A balcony erected without a permit and without the approval of a structural engineer is not a temporary solution for Yom Tov — it can pose a danger to life. We are working with property owners, contractors and local authorities to stop the phenomenon before the construction takes place. Anyone who nevertheless chooses to build in violation of the law should know that the authority will be in the field and will use all of the enforcement tools at its disposal.” The combined warning from the Bnei Brak rabbonim, municipality and enforcement authorities comes as families throughout the city begin preparing for Sukkos, with officials urging residents to ensure that any balcony or structural addition used for a sukkah has been legally approved and professionally determined to be safe. {Matzav.com}