Urban Renewal - TAMA 38

'Tama' 38 is an Israeli standard for earthquake resistance of buildings, this standard came into force in 1975 but according to estimates, most buildings built in Israel up to 1980 do not meet the requirements of this standard.

The State of Israel is located in a very seismically active area and is therefore at high risk of earthquakes.

Throughout history, dozens of earthquakes have occurred in Israel, some of them devastating. A strong earthquake can occur in Israel every day.
According to estimates, many buildings in Israel will not withstand a strong earthquake. These structures, apparently, were not built according to the stringent standard for earthquake resistance of buildings (T.I. 413) which came into force in 1975. Thus, any structure built before the early 1980s, apparently, does not meet the requirements of the standard.

The determination of a building’s resistance to an earthquake is made by examining each specific structure by appropriate professionals and under the responsibility of the property owner.
Earthquakes cannot be prevented, but they can be prepared for and thus reduce the damage they cause. The public must act to strengthen structures that have not been built in accordance with the requirements of the standard.

The government activity in the matter of encouraging the strengthening of buildings is managed by the Steering Committee for Earthquake Assessments, headed by the Ministry of National Infrastructures. The Ministry of the Interior encourages the strengthening of buildings using the tools under its authority.

National outline plan for strengthening existing structures against earthquakes (TAMA 38)

NAP 38 was prepared by the Planning Administration at the Ministry of the Interior and approved by the government in May 2005. The plan establishes a statutory framework that allows building permits to be granted to strengthen buildings against earthquakes and encourages the strengthening by providing building rights to cover at least part of the strengthening costs. This is for buildings for which a building permit was issued before 1.1.1980 and which according to the assessment were built not in accordance with the earthquake standard.

Strengthening structures

The purpose of NAP 38 is to strengthen buildings. The TAMA includes provisions detailing the manner of examining the strength of the structure and a requirement to submit documents that clarify the proposed method of reinforcement. The condition for submitting an application for a permit in accordance with NPA 38 is obtaining a written confirmation from an engineer that it is indeed necessary to strengthen the structure against an earthquake. This approval will be given after an engineering test of the actual durability of the structure. After praising the durability of the structure, the engineer will determine the need to strengthen it and submit a report to the local committee engineer.

The building reinforcement plan, which is part of the permit application documents, must ensure the building’s durability for all its additions, so that the reinforced structure will meet the requirements of the Israeli Standard for Earthquake Resistance Structures.

From the basket of solutions, it is possible to choose the appropriate solution, in accordance with the conditions of each structure. The strengthening options according to the TAMA are:

Strengthening a structure without additional construction

This solution is suitable for some of the buildings, to which construction cannot be added or whose occupants are not interested in it. According to the TAMA, it is possible to exceed the building lines and the height allowed according to the plan that began at the site for the purpose of adding strengthening elements.

Strengthening a structure while building additions of various types

In accordance with the recently approved Amendment 3 to the TAMA, which allows for the expansion of existing apartments and the addition of protected apartment spaces to existing apartments, the closure of a pillar floor, the addition of elevators, the addition of up to 2 floors for the addition of new apartments to the building.

Treatment of buildings with an intrusive floor (column floor)

Usually a structure with an intrusive floor carries a higher risk when an earthquake occurs, due to the fact that it rests on pillars only and not on solid walls. In order to accelerate the strengthening of these buildings, TAMA 38 makes it possible to close this floor for the purpose of adding new apartments or for the purpose of expanding an existing apartment and even for another use.

Improving the level of protection of the buildings in which reinforcement was made

TAMA 38 also makes it possible to improve the level of protection of the buildings, by adding additional dimensions to the existing apartments in the building, etc. To ensure the efficient handling of the permit application, it is recommended to contact the Home Front Command engineers in advance of the permit application process. This is because the PKR guidelines can have material implications for a permit application.

Demolition of a structure and its reconstruction

The TAMA makes it possible to demolish a structure that has been determined that needs to be strengthened and rebuilt, with the addition of rights under the TAMA. In such a case, the TAMA allows a deviation from building lines, a combination of building rights by virtue of plans that apply to the site and have not yet been implemented, and rights under the TAMA and the construction of underground parking. All this in order to encourage demolition, which is the best option for strengthening the structure from an engineering point of view.

Granting rights in another lot for the purpose of strengthening a structure

There are cases in which it is not possible to strengthen a structure during construction additions, as a result of various restrictions (such as construction restrictions for height due to flight safety). In order to find a solution for these buildings, the TAMA allows for the strengthening of buildings without additional floors in exchange for additional building rights on another plot in the area of the same local authority.

An engineering solution for strengthening a structure

The engineering aspect is the main aspect in projects according to TAMA 38. The TAMA includes guidelines regarding how to examine the need for reinforcement, regarding how to prepare engineering documents and examine them in the local committee. It is important to understand that it is not always possible to allow the construction of all possible construction additions according to the NPA, while strengthening by reasonable means from an engineering, economic and practical point of view.

Local plans under section 23 of TAMA 38

TAMA 38 establishes a nationwide mechanism to encourage the strengthening of buildings. However, it is important to maintain a balance between the needs of reinforcement and broad planning considerations and not to damage urban fabric. Therefore, the TAMA provisions stipulate that detailed plans can be prepared to strengthen buildings or part . This is in order to adapt the provisions of the TAMA to the unique conditions in each locality, to stipulate additional building rights to the extent adapted to local carrying capacity, architectural, landscape and other considerations and the economic viability of carrying out the reinforcement.

Q&A

In terms of the total area that can be obtained by virtue of the outline plan, it is up to 25 square meters. The area includes a balcony, a storage room and another extension to the apartment, all in accordance with the municipality's approvals and the area of the building / apartment.

Not even a shekel. As part of the plan, all expenses associated with initiating and executing an urban renewal project are solely on the developer and certainly not at the expense of the tenants. This also includes the professionals on behalf of the tenants - a lawyer and supervisor during construction.

When talking about TAMA 38, usually the whole process from the moment the tenants sign an agreement until the construction is completed takes about three years. As mentioned in construction clearance projects the times are longer and can reach even longer periods, depending on the local authorities.

The TAMA 38 reinforcement project is not a "picnic" and whoever says otherwise has probably never seen such a project before. The construction process itself includes construction from morning to early evening in your building, for all that that implies. However, it is important to remember that at the end of the day, this leads to your personal security and that of your family members and of course to a large financial gain due to the increase in the value of the apartment.

It is important to remember when approaching an urban renewal project, the priority will always be better for you for an entrepreneurial company that it also executes. From our experience in the Asael Group as entrepreneurs and operators, this saves hassle and time, because when the executive arm is also the entrepreneur, all things are clear and without any unnecessary delay and power games, as in some cases happened in Israel in the past.

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