Lawyer in Jerusalem | Urban Renewal – TAMA 38

Lawyer in Jerusalem | Urban Renewal – TAMA 38

Projects of TAMA 38 They are a central part of the system Urban renewal in Israel, and constitute a unique opportunity to strengthen old buildings, improve properties and improve the quality of life - alongside high legal, planning and economic complexity.

In this article you will find a comprehensive and clear overview of the TAMA 38 plan, its advantages, its various stages, and the critical importance of professional legal support throughout the process.

What is TAMA 38?

National outline plan for strengthening buildings against earthquakes

  • Approved in 2005.

  • מיועדת למבנים שנבנו לפני כניסתו לתוקף של תקן ת”י 413.

  • Allows for the strengthening of existing structures or their demolition and reconstruction.

  • Grants excess building rights to developers, which constitute an economic basis for the realization of the project.

Amendments to TAMA 38 – Reinforcement versus demolition and construction

Program amendments

Over the years, the plan has been amended several times:

  • TAMA 38/1 – Strengthening the existing structure

  • TAMA 38/2 – Demolition and reconstruction

  • TAMA 38/3 – Expanding the basket of rights and benefits

  • The purpose of the amendments: increasing the economic viability of projects, especially in dense urban areas.

The advantages of the TAMA 38 project

Benefits for apartment owners

  • Strengthening the structure and protecting against earthquakes

  • Significant increase in the value of the apartment

  • Upgrading the building facade and common property

  • Additional parking, elevator, balconies and sometimes parking

Benefits for entrepreneurs

What building rights are granted in TAMA 38??

Construction rights in the project

The project provides, among other things:

  • Strengthen the existing structure

  • Renovate the building facades

  • Add an elevator

  • Increase the area of the apartments

  • Build a separate apartment for each apartment

  • Add new housing units

  • Build additional residential floors

  • Assign parking spaces

In addition, you can choose the route of Demolition and reconstruction.

Phases of the TAMA 38 project – step by step

Appointment of a lawyer TAMA 38

  • Represents the interests of the tenants only.

  • Accompany the project throughout its duration.

  • Takes care of protecting the rights of tenants.

It is recommended to choose a lawyer who specializes in Legal support in urban renewal projects

Choosing an entrepreneur

An entrepreneur must be selected:

  • Proven experience in similar projects

  • With financial strength

  • Recommendations and populated projects

Negotiation and signing of the agreement

The negotiations are carried out through lawyers, and include:

  • Changes for tenants

  • Guarantees and collateral

  • Schedules

  • Supervisory mechanisms

At this stage, the issue sometimes arises Reluctant tenants, which requires dedicated legal treatment.

Achieving the necessary majority

  • Reinforcement track – 66% from the apartment owners

  • Demolition and construction route – 80% from apartment owners

If the majority is present, a binding agreement is signed.

Application for a building permit and publication of objections

  • The entrepreneur submits Application to the local committee.

  • Public announcement and provision of the opportunity to submit objections.

  • Right of appeal to the District Appeals Committee.

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Building permit, banking support and guarantees

  • Receiving a permit with conditions and then a final permit

  • Full banking support

  • Sales Law guarantees and required insurance

The lawyer checks all the documents. Do not impose financial liability on tenants.

Execution, delivery and inspection period

  • Construction work begins

  • Delivery of the apartments and receipt of Form 4

  • Inspection period according to the Sales Law

  • Addressing construction defects if necessary.

Registration of rights in the land registry

The final stage – registering a condominium and amending the rights in the land registry, accompanied by a TAMA 38 lawyer.

Summary

Conclusions

  • The TAMA 38 project is a complex process but has significant potential for improving assets and improving the quality of life.

  • Its success depends on proper planning, a suitable entrepreneur, and professional legal support.

  • It is recommended to use A lawyer specializing in urban renewal, TAMA 38 and evacuation and construction.

  • * This article is not a substitute for legal advice from an attorney. It provides general information only and does not constitute binding legal advice.

עורך דין בירושלים התחדשות עירונית תמ”א 38

Urban renewal
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