When may a protected tenant apply for a building permit?

May a protected tenant apply for a building permit to construct a protected room or a balcony?
In Israel, not everyone may apply for a building permit. The Planning and Building Regulations (Building Licensing), 5776–2016, provide that only a person considered a “holder of a right in the property” may apply, meaning one of the following: (1) a registered owner; (2) a lessee; (3) apartment owners in a condominium and the condominium representative body; (4) a person liable for property tax and the compensation fund, where the land is not registered in the Land Registry; (5) on Israel lands, a long-term lessee or a person recognized by the Israel Land Authority as a rights holder whose signature is required; (6) a person eligible to be registered as a rights holder in a plot covered by an approved reparcellation plan.
A protected tenant is an exception. The regulations provide that a protected tenant wishing to undertake work or a use that the Tenancy Tribunal may permit under section 37(a) of the Tenant Protection Law [Consolidated Version], 5732–1972, may apply for a building permit only after serving the property owner with a copy of the application and an affidavit stating that the applicant occupies the property concerned and that the works may be permitted under section 37(a), or after obtaining the landlord's consent to submit the application.
The tenant's right is very limited and conditional on the owner's consent or a Tenancy Tribunal decision allowing one of the following: (1) using the premises for a purpose other than that specified in the lease, if the change is necessary for the tenant's livelihood; (2) conducting a different business from that conducted by the previous tenant; (3) carrying out repairs or alterations to the premises; (4) installing an antenna or radio mast, or a solar water heater, on the roof, subject to the landlord's right to dismantle it if the roof is needed for additional construction under a lawful building permit.
Thus, without the owner's consent, a protected tenant may not request construction beyond the walls of the rented premises, except for an antenna mast or solar water heater. This includes enclosing or building a balcony, or any addition that may affect the common property or the building's value. According to case law, the court must “determine how a reasonable landlord would act in such a case.” It may therefore be assumed that applications for protective or accessibility improvements, strengthening the premises and internal structural safety alterations will be viewed favorably by the Tenancy Tribunal, but it is very doubtful that construction beyond these examples will be approved.
What happens when the property's rights holders do not agree to the protected tenant's application? The Planning and Building Regulations require the applicant to notify the owners of the permit application and attach the application documents or a link to them. Rights holders may submit written objections within 15 days of receiving notice. The committee engineer is responsible for checking whether the application meets the threshold requirements for acceptance.
It appears that Israeli planning and building committee engineers do not always insist on compliance with the threshold requirements for protected tenants' building-permit applications. Some applications are accepted despite failing to meet the law and regulations, potentially infringing owners' fundamental constitutional rights under Basic Law: Human Dignity and Liberty. It must be remembered that submitting a building-permit application without meeting the threshold requirements may render it completely void and invalidate all decisions and permits issued in connection with it, and may even make the Local Planning and Building Committee liable to compensate the owner whose rights were infringed.