Bnei Brak Residents Fight Daycare in Residential Building Over 15% Property Value Drop
Bnei Brak residents are fighting the opening of a daycare in a residential building, warning of a 15% drop in property values. The municipality claims the permit complies with zoning laws.
Residents of the new Ayelet HaShachar neighborhood in northern Bnei Brak are waging a legal battle against the opening of a daycare center in a residential building. In late July, 37 rights holders of 25 apartments in the HaSofrim complex filed a formal objection against operating a daycare in a garden apartment within the project.
According to the residents, the municipality has ignored their opposition: they were not invited to any hearings, received no official decision, and were not shown any permit. Despite this, the daycare opened on September 1 and began receiving children.
Residents' Claims and Financial Impact
The formal objection, filed through attorney Doron Ariel, spans 272 pages and details numerous grievances regarding the publication of the request, the residents' right to object, traffic and safety hazards, noise nuisances, and changes to the residential character of the area.
Other residents filed separate objections, raising concerns that the daycare's operation could slash property values by up to 15%. One homeowner, who purchased his apartment in 2021, stated:
"I bought an apartment in the inner building specifically because we knew that commercial spaces and daycares were planned only for the outer buildings. If I had known a daycare with dozens of children would open right in front of my windows, I would have looked elsewhere."
Residents also noted that the public notice was hung in an obscure location in July, while renovation works to convert the apartment were already underway.
Infrastructure Strain and Legal Steps
The daycare operates in a garden duplex, which includes a basement level, in a seven-story building. Its yard directly faces the windows of adjacent buildings. Residents argue that the daily noise of dozens of children playing outdoors, combined with parents dropping off and picking up children, will cause severe traffic congestion in the parking garages and access roads.
The house committee representative emphasized that the majority of apartment owners did not consent to the daycare. They argue that the neighborhood already contains designated public and educational plots that remain unused, making the conversion of a private apartment unnecessary.
The residents' representative stated:
"We are acting strictly according to the law. As soon as we receive the official protocol, we will file an appeal with the district planning appeals committee. We are determined to take this to all judicial instances to stop this."
Bnei Brak Municipality Response
The Bnei Brak Municipality responded to the inquiry:
"The matter was discussed before the local planning committee, which examined the objections filed. Contrary to the claims raised, the request fully complies with the provisions of the local zoning plan (TABA) and is approved under its authority."
