Tama 38

The name Tama 38 comes from the initials of the phrase Tokhnit ha Metaer ha Artzit, which means “National Master Plan” and it concerns the strengthening of existing buildings against earthquakes. In fact, it is a collection of regulations concerning the risks of earthquakes. In 2005 the government approved the law on the plan that was created by the National Council. It was a team of consultants and planners chaired by architect Jonah Pitelson who designed this plan.

This is actually a plan for urban renewal and development. It concerns all buildings built before 1980 that have criteria of fragility and do not meet safety standards. Since Israel sits on the Syrian-African fault, a major earthquake is only a matter of time. There have been some before and there will be some again and no one knows what their magnitude will be. There are currently more than a million buildings in Israel that are at risk of collapsing in a major earthquake. In addition, there are the risks of fire, with or without an earthquake. This is also part of the reasons for this plan to reinforce buildings.

Buildings before 1980
All buildings built before 1980 were built without taking into account current safety standards. This presents several enormous risks, the first being their collapse and total destruction in the event of an earthquake. The second is the risk of fires. The fire services are opposed to the Israeli government because of the latest amendment to the building code. The building laws are already lax and do not need to be made even more so.

We recall the catastrophic fire at Grenfell Tower in London in June 2017, which killed 79 people. This fire was allowed to spread due to flammable materials with which the building’s facades were covered. Fire and rescue services have warned that this is exactly what is likely to happen in Israel. There are currently hundreds of buildings from the north to the south of the country with the same problem as Grenfell Tower.

This warning from the fire and rescue services is not based solely on Grenfell Tower. In June 2016, a 15-storey apartment building in Ramat Gan caught fire. The fire was initially very small, but spread outside and quickly reached the upper floors. Fortunately, there were no casualties, but several people had to be treated for smoke inhalation. In both cases, insulation panels installed on the outside of the buildings are suspected. As they contain polyethylene, this suspicion is legitimate but has not yet been proven.

The Tama 38 plan
There are two types of Tama 38, type 1 is the one we are talking about here. Type 2 is called “pinouille/binouille”, that is to say destruction/reconstruction, and we explain it in another article. Buildings that meet the criteria of Tama 38 are examined by experts who decide which type of Tama 38 is suitable for them. In some cases one of the two types is not feasible so the second is decided.

The purpose of the Tama 38 type 1 plan is to rehabilitate buildings built before 1980 by consolidating and renovating them. In addition to strengthening and improving the building to bring it up to current standards, this plan has many benefits for the building’s residents, as well as for the builders.

In most cases, residents or owners partner with a developer. Together they will decide what reinforcements and additions they want to make to the building. The advantage for the owners or residents is that the work will not cost them much. The advantage for the contractor is that he will be able to build new apartments on the upper floors and sell them on the market. The profit they make will be their gain.

Advantages of the Tama 38
– Owners will not have to pay anything for the work
– Addition of approximately 25 m2 to the apartments: secure room (mamad), storage room, terrace, etc.
– Addition of an elevator in the building
– Renovation of the interior of the building, including stairs and lobby
– Improving the exterior appearance of the building
– Updating gas lines, drains, sewers
– Electricity system update
– Addition or improvement of the garden
– Adding a parking space
– Residents are exempt from most regular taxes
– The value of apartments generally increases by 15 to 30% on its current value.

Disadvantages of the Tama 38
-Residents usually have to find alternative accommodation during the works
-Developers pay a certain amount for alternative housing but there are still costs if the rent is more expensive
-There are fees for both moves – there and back
-Risks of changes to children’s schools, parents’ jobs, etc. depending on whether the alternative accommodation is close to or far from the accommodation affected by Tama 38
-The work on the Tama 38 may take longer than expected, so you have to be prepared for everything so as not to be caught off guard.

Contract between owners and developers
When a Tama 38 project is implemented, there is first of all a meeting between the owners of the apartments in the building and the developer or contractor who will take charge of the work. Both parties will sign a contract stipulating the commitments of each party. In this contract it will be mentioned that the developer will have to give the owners a bank guarantee. This is for the possible case where he could not complete the work or would have to slow it down, whatever the reason.

All costs of the project are covered by the developer or contractor. This includes lawyers’ fees, taxes and levies, planning, supervision and of course all the works. It is the developer or contractor who is solely responsible for any deterioration or damage that the dwellings may suffer within the building during the works. They are also the ones who must take out insurance to cover all risks concerning the entire project.

The developer or contractor will be accompanied by a licensed site manager. The latter’s role will be to ensure that all the clauses of the contract are respected. He will also have to supervise and control the work so that everything is carried out in accordance with the specifications of the specifications and the building permit.