Real Estate, Planning & Construction Attorneys
TAMA 38 in Israel: A Legal Guide for Apartment Owners
Considering joining a TAMA 38 project? Here are the key facts every apartment owner should know before making a decision — what TAMA 38 is, why it matters, who the key professionals are, and how to handle a reluctant tenant.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is TAMA 38?
In response to the seismic risk facing Israel, the government developed TAMA 38 (National Outline Plan 38) to strengthen residential buildings that are not earthquake-resistant. Buildings constructed before 1980 with two or more stories are eligible for this program. TAMA 38 is implemented through a contractual arrangement between the apartment owners and a developer: the owners transfer their construction rights to the developer, who in return carries out extensive structural reinforcement and renovations to the building and individual apartments.
Is TAMA 38 Worth It?
Beyond the critical safety benefit of earthquake-proofing the building to protect lives and property, TAMA 38 is also a highly attractive financial proposition. Apartment values typically increase by hundreds of thousands of shekels following a completed project. This is because TAMA 38 goes well beyond structural reinforcement — it also includes comprehensive renovation of the building itself, along with meaningful additions to each apartment. These improvements commonly include a balcony, a safe room (mamad), and a designated parking space. The result is a significantly upgraded property with enhanced quality of life and increased market value — all at no cost to the apartment owners.
Why Professional Guidance Is Essential
While TAMA 38 offers substantial benefits, the process is complex and requires careful professional oversight. A successful project depends on selecting a reliable and experienced developer with the financial resources, technical expertise, and track record to complete the work on schedule and to the highest standard. An experienced real estate attorney plays a vital role in representing the apartment owners throughout the project — advising on developer selection, negotiating contract terms to maximize the owners’ benefits, and handling any disputes, including cases involving reluctant tenants.
Selecting Tenant Representatives
Every TAMA 38 project requires the appointment of representatives from among the apartment owners, as managing the process individually is impractical. The chosen representatives select and coordinate with the project’s professionals, serve as the primary points of contact, and keep all owners informed about the progress, changes, and key decisions throughout the TAMA 38 process. It is therefore essential to select representatives carefully, ensuring they have the necessary skills, willingness, and availability to take on this responsibility. The representative body should also reflect the diverse demographics of the building — for example, if the building includes both younger and older residents, each group should have a representative to advocate for their interests.
Dealing with a Reluctant Tenant
To proceed with a TAMA 38 project, a supermajority of 66% of the apartment owners must agree to participate. While this threshold is achievable in most buildings, some owners may oppose the project for various reasons. When this happens, it is important to avoid confrontation, as aggressive tactics tend to harden opposition rather than resolve it.
In many cases, it is the attorney representing the owners who, drawing on professional experience and knowledge, is best positioned to address objections. The most effective approach is a respectful, patient conversation that clearly explains the project’s feasibility, benefits, and implementation plan. If the required majority is reached but one or more tenants still refuse to participate, the attorney can file a claim with the Real Estate Supervisor (Mifkach HaMikarka’in), who has the authority to approve the project over the objections of the holdout tenants.
The Real Estate, Planning, and Construction Department at Mor & Co. Law Firm brings extensive experience in both real estate transactions and planning and building proceedings, including TAMA 38 projects. Our attorneys provide professional legal support at every stage — from initial feasibility assessment and developer negotiations to handling reluctant tenants and overseeing the completion of the project. Contact us by phone at 02-595-3322, via WhatsApp at 050-441-1343, or through the online contact form below.