TAMA 38 strengthening and added floors explained for owners
TAMA 38 strengthening and added floors explained for owners
TAMA 38 is a national outline plan created to strengthen older residential buildings against earthquakes by giving developers building rights in exchange for the work. It has two main routes: reinforcing the existing building and adding floors, or demolishing and rebuilding. The framework has been revised repeatedly and many municipalities now apply their own replacement plans or restrictions, so owners should treat this as a general introduction and verify the current rules for their building with professionals.
The reinforcement route
In the reinforcement route, often called TAMA 38/1, the developer strengthens the structure and in return receives rights to add new apartments, typically on additional floors. Residents stay in their homes during much of the work.
Existing owners usually receive a safe room added to each apartment, a lift where feasible, a renovated lobby and facade and sometimes a balcony or extra area. Work in an occupied building is disruptive, and the agreement should address noise, access and safety.
Structural strengthening – the core purpose of the plan
Safe room – often added to each existing apartment
Common areas – lift, lobby and facade upgrades
The demolition and rebuild route
In the demolition route, sometimes called TAMA 38/2, the old building is demolished and a new, larger one is built on the same plot. Owners leave for the construction period and return to new apartments.
This route resembles a small pinui binui project and requires similar protections, including rent during construction, guarantees for the new apartment and a clear specification.
A changing framework
The rules behind TAMA 38 have been amended several times and in many cities new urban renewal plans or local policies have taken its place. Rights, procedures and incentives can differ significantly from one municipality to another.
Before relying on any offer, owners should ask a planner or lawyer which framework currently applies to their building and whether the developer's assumptions are still valid.
Consent, representation and the agreement
A project needs the agreement of a defined majority of owners, and the law provides tools against unreasonable refusal. Owners should elect representatives, appoint a lawyer who acts for them and, where possible, a supervising engineer.
The agreement should describe the works in detail, set deadlines and compensation for delay and include guarantees suited to the chosen route.
Specification – what will be built and to what standard
Timetable – milestones with remedies for delay
Guarantees – performance, rent and Sale Law guarantees as relevant
How Elkayam Group can help
TAMA 38 projects fail most often because the numbers do not work or the developer cannot carry them. Elkayam Group works in urban renewal including TAMA 38, cooperates with backing companies and provides guarantees for clients, which helps owners judge whether an offer is realistic and properly secured.
An early conversation about the building's rights and the applicable local rules can save months of negotiation over an offer that was never feasible.
Frequently asked questions – TAMA 38 for owners
Is TAMA 38 still available
It depends on the municipality and the current national rules. In many places it has been replaced or restricted by local renewal plans, so the status must be checked for each building.
Do owners pay anything in a TAMA 38 project
In a standard deal the developer covers the works in exchange for the new rights. Owners should still check the agreement for taxes, levies or upgrade costs they may be asked to bear.
Can I stay in my apartment during reinforcement
In the reinforcement route owners usually remain in their homes, with some disruption. In the demolition route they move out and receive rent during construction.
Why Elkayam Group
The group is active in urban renewal including TAMA 38 and pinui binui, development, combination deals and complex deals, works with backing companies and provides guarantees for clients. The team works in Hebrew, English and French.
Contact: +972-53-658-4252 · support@kobielkayamrealestateltd.com · Rival St 37, Tel Aviv