Section 197 · depreciation · shading
Shading opinion for a Section 197 depreciation claim
In 2021 the Tel Aviv local committee struck out a 3% shading damage head for one reason: no "concrete and specific environmental opinion regarding the property" was filed. This is that document. Sun hours for the claimed apartment, before the plan and after, for attachment to the appraisal.
What the committee counts
21 Dec
The shortest day of the year. The sun is lowest and shadows are longest; this is the worst case every committee checks.
09:00–15:00
"Six hours of effective radiation". Hours outside the window do not count: the sun is too low to enter a window.
Under 2 of 6 hours
The threshold the Tel Aviv district sub-committee used in May 2025 to dismiss an objection: "a reasonable added shadow".
SI 5281
The Israeli green-building standard. Clause 1.1.2 makes a shading study a threshold condition.
3 years
The window for filing a §197 claim from the plan's approval date.
Israeli law sets no numeric shading threshold. "Two of six hours" is committee practice, not a standard — the document says so explicitly, so a single decision is never presented as law.
What the document contains
Identifying the harming plan and the property's state before and after it, on a 3D model of the building and its surroundings.
Direct sun hours for the claimed apartment (and every apartment in the building, if the claim is a group claim) on 21 December, 09:00–15:00 — before and after.
The difference as a number and as a percentage of the hours window, per facade.
Isolating the claimed plan from other plans approved around the property — so the damage is attributed to the right plan.
Method and sources appendix, in the format the appraiser attaches to the valuation and cites as a source under regulation 87(g).
Who, and when
Real-estate appraiser
When the shading damage head in the valuation needs a concrete basis for the apartment, not a general study.
Planning and building lawyer
Before filing the claim with the local committee, or ahead of an appeal against a binding valuation.
The defending local committee
When a claim rests on a general shading argument. A property-specific defence wins: in 2025 a view-loss claim of ₪850,000 was dismissed because the appraiser relied on general 20-year-old studies.
What committees have already said
„a concrete and specific environmental opinion regarding the property”
The shading damage head (3%) was struck out entirely because no such opinion was filed. The committee wrote exactly what it wants.
„the precedent the decision rested on”
A shading claim without measurement of the property itself is unproven.
„acoustic opinion "from ₪1,000"; engineering opinion "from ₪4,500 + VAT"”
Attaching expert opinions to a valuation is an existing practice. A shading appendix enters the same line item.
How it is computed
A 3D model of the building under review and every neighbour within the influence radius, from municipal heights, permits and transaction data — not a general estimate.
The sun path is computed from true solar time at the site, on 21 December, in the 09:00–15:00 window, floor by floor and apartment by apartment.
Two states per neighbour: today, and after the plan. The difference is the number the committee asks about. One plan isolated from every other plan around the address, or cumulative — as needed.
Recurring questions
Who signs the opinion?
The appraiser remains the primary signatory of the valuation. The shading appendix is attached under it, like an acoustic or engineering opinion. The document is prepared so the appraiser can explain the method under cross-examination.
Is shading even recognized as a damage head under Section 197?
Yes, when proven for the property itself. The 2021 decision did not dismiss the claim on its merits — it dismissed it because there was no concrete measurement.
What do you need to send to get started?
The property address, the harming plan's number, and, if any, the claimed apartment or apartments. The site model already exists.
Does this work for the defending side too?
Yes. The exact same measurement, for the same apartment. If the added shading is below the threshold, the document says so with the same clarity.
Is the document an opinion issued by Apricity?
No. It is an analysis appendix for attachment to the signed professional's opinion. The method, sources and limitations are laid out so it holds up under cross-examination.
Send an address and a plan number — you get a scope and a timeline back.
No sign-up form and no sales call. A written answer within one business day.