TAMA 38 — Reinforcement / Demolish & Rebuild
Full legal counsel for tenants and developers in TAMA 38 projects — from feasibility review to registration of the new apartments in the Land Registry.
Urban Renewal Representation
TAMA 38 is Israel’s national outline plan for reinforcing existing buildings against earthquakes, while upgrading the building and adding housing units. The firm advises both tenant committees and developers, providing a complete legal envelope across the project’s life.
We insist on full transparency toward tenants, financial soundness checks of the developer, robust guarantees and securities, and close counsel through delivery and registration of rights.
What We Handle
- Representing tenant committees vis-à-vis the developer
- Counsel to developers and construction companies throughout the project
- Drafting and reviewing engagement agreements and securities
- Securing Sale Law guarantees and registration guarantees
- Project taxation and building rights
- Registration of rights and the new condominium
The Process
Feasibility & Rights Review
Examining building rights, the building's condition and the project's economics.
Tenant Organization
Establishing an authorized committee and a unified position toward developers.
Competitive Developer Selection
Collecting offers, comparing them and choosing a solid, experienced developer.
Signing the Engagement Agreement
An agreement protecting tenants and fixing timelines and securities.
Building Permit & Conditions
Counsel through permit issuance and fulfilment of conditions precedent.
Construction Phase
Legal oversight of the developer's obligations throughout construction.
Registering the New Apartments
Registering the rights and the new condominium in the tenants' names.
Weighing a TAMA 38 project? We would be glad to review your case
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Key Terms
TAMA 38/1
Reinforcing the existing building and adding units, without demolition.
TAMA 38/2
Demolishing the existing building and rebuilding it anew.
TAMA 38/3
Expanding existing apartments and comprehensively upgrading the building.
Pinuy-Binuy
Vacating an entire compound and rebuilding it at higher density.
FAQ
How long does a TAMA 38 project take?
Duration varies by track and scope — typically three to six years from organization to delivery and registration of rights.
Who pays the lawyer's fee?
In most projects the developer bears the cost of the tenants' independent legal counsel, at no direct cost to the tenants.
What is the difference between TAMA 38/1 and 38/2?
Under 38/1 the building is reinforced and expanded without demolition; under 38/2 it is demolished and rebuilt — usually with higher consideration for tenants.
Is consent of all tenants required?
The statutory majority applies per project type. We assist tenants in obtaining the required majority and in handling unreasonable refusals where needed.
