What Is TAMA 38 in Israel? A Guide for Renovation Projects

What is TAMA 38?

TAMA 38 is Israel’s National Outline Plan 38, a planning framework created to encourage the strengthening and renewal of older buildings that may not meet modern earthquake-resistance standards. In practice, a TAMA 38 project can combine structural reinforcement with renovation, accessibility improvements and the construction of additional apartments.

For apartment owners, the attraction was usually that a developer could finance much of the work by receiving rights to build and sell new housing units. Depending on the project and the local planning policy, residents might receive structural strengthening, a lift, a safe room (ממ״ד), a balcony, upgraded façades, new infrastructure or additional storage. These benefits are not automatic: they depend on the building, the municipality, the planning route and the approved design.

TAMA 38 is an Israeli planning and renovation term. It is not connected to Tama drums, including Tama Swingstar or Starclassic. Searches such as “Tama Swingstar serial numbers”, “where are Tama Starclassic drums made” or “is Tama a good drum brand” refer to a musical-instrument manufacturer, not to Israeli construction law.

How did the TAMA 38 routes work?

There were two principal models. The first, commonly called TAMA 38/1, focused on strengthening and renovating the existing building. It could include adding floors or new apartments, but the original structure generally remained in place.

The second, commonly called TAMA 38/2, involved demolishing the existing building and constructing a new one on the same plot. This approach is closer to a small-scale urban-renewal project. Residents move out during construction and return to new apartments, subject to the signed agreement and the approved plans.

The distinction is important for owners and tenants. A reinforcement project may involve a shorter relocation or, in some cases, construction while residents remain in the building. A demolition-and-rebuild project normally requires temporary accommodation, financial guarantees and a clear timetable for evacuation and return.

Not every older building qualifies. The architect and structural engineer usually examine the building’s age, existing permits, construction system, plot dimensions, conservation restrictions, infrastructure capacity, parking requirements and the municipality’s current policy. Local planning rules may also limit height, building volume or the number of additional apartments that can make a project financially viable.

Is TAMA 38 still available in Israel?

The national TAMA 38 framework was scheduled to expire in 2022. Since then, transitional provisions, local planning documents and other urban-renewal mechanisms have affected how projects can proceed. The practical answer is therefore not simply “yes” or “no”: eligibility depends on the project’s status, the relevant local plan, the date of applications and the policy of the local planning authority.

In some locations, a project may now be handled through a municipal urban-renewal plan rather than through the original national outline plan. The Israel Urban Renewal Authority (הרשות הממשלתית להתחדשות עירונית), the relevant district planning bodies and the local planning and building committee may all have a role, depending on the route.

Before owners sign an agreement with a developer, they should obtain a current planning opinion. Ask specifically whether the project is being promoted under TAMA 38, a local urban-renewal plan, a demolition-and-rebuild policy or another statutory route. A project name used in marketing material does not by itself prove that planning rights exist.

TAMA 38 projects in Jerusalem and Tel Aviv

Jerusalem

In Jerusalem, project feasibility can be strongly influenced by topography, historic character, conservation requirements, narrow streets and the appearance of the building within its surroundings. The Jerusalem Municipality’s planning policy and the relevant local planning committee must be checked before assuming that additional floors or a larger replacement building will be approved.

Buildings in central or historic areas may face restrictions on façades, rooflines, materials and visibility from public spaces. In other neighbourhoods, access, retaining walls, parking and infrastructure may be the main design challenges. A Jerusalem TAMA 38 project therefore requires more than a standard structural assessment: it should begin with a planning review of the specific plot.

Tel Aviv–Yafo

Tel Aviv–Yafo has seen extensive urban-renewal activity, but it also has detailed municipal policies and areas with conservation restrictions. The municipality may distinguish between ordinary residential streets, major urban corridors, conservation areas and zones covered by more recent local plans.

For a Tel Aviv project, the development potential may depend on the street frontage, the lot’s location, the approved plan and the relationship between existing and proposed building rights. Questions about balconies, setbacks, bicycle facilities, parking, trees and public infrastructure can affect the design and the financial model. A building that appears suitable for TAMA 38 in one part of the city may not be suitable in another.

Typical process, documents and timeframes

A successful project normally combines owners’ decisions, architectural planning, structural engineering, legal review and municipal approvals. The exact route varies, but the following sequence is common:

1. Owners collect existing plans, registration information and building-maintenance records.
2. An architect and engineer assess the building and the planning potential of the plot.
3. Apartment owners compare developers or appoint a representative process with independent professional advice.
4. The parties negotiate a detailed agreement covering apartments, construction standards, guarantees, temporary housing, taxes, insurance and responsibility for defects.
5. The design team prepares planning and permit documents and coordinates with the municipality and utility providers.
6. The local planning and building committee reviews the application. Further approvals may be needed from district authorities or other bodies.
7. After a building permit (היתר בנייה) is issued and the required conditions are met, construction can begin. Occupancy of the completed building requires the relevant approvals, including Form 4 (טופס 4) where applicable.

These time ranges are general market indications only, not a commitment by Architector.Tech. The actual schedule must be established for the specific building and may change during planning, permitting or construction.

What should apartment owners check?

TAMA 38 agreements can affect the value, use and legal status of a home for many years. Owners should not evaluate an offer only by counting the promised balcony or extra room. A careful review should cover:

• Planning feasibility: Is there a realistic planning route for this plot under the current municipal policy?
• Apartment specifications: What are the exact areas, orientations, storage spaces, parking arrangements, finishes and accessibility provisions?
• Safe room and structural work: Will each existing apartment receive a safe room (ממ״ד), and what strengthening work is included?
• Temporary accommodation: Who pays rent, moving costs, storage, insurance and other relocation expenses during construction?
• Guarantees and insurance: Are there adequate guarantees for the apartment, rent, construction and defects, reviewed by an Israeli property lawyer?
• Taxes and registration: Could betterment levy, purchase tax, capital-gains implications or registration issues arise? The answer depends on the transaction and should be confirmed with local advisers.
• Construction quality: Which Israeli standards apply, who supervises the work and how are defects handled after handover?

Owners should also appoint an independent architect, engineer or inspector when appropriate. The developer’s professionals represent the project, while the apartment owners need advice focused on their interests. A residents’ representative can improve communication, but it does not replace legal and technical review.

Is TAMA 38 the right renovation solution?

TAMA 38 can be an effective way to improve safety and renew an ageing building, especially where the plot has sufficient planning potential and the owners are able to reach agreement. However, it is not a universal renovation programme. Some buildings are better suited to ordinary refurbishment, a municipal urban-renewal plan or a larger demolition-and-rebuild scheme.

The best first step is a site-specific feasibility study. It should combine a planning review, structural inspection, title and permit checks, an assessment of municipal policy and a realistic understanding of the owners’ expectations. For projects in Jerusalem, Tel Aviv–Yafo or elsewhere in Israel, confirm the current route with the relevant local planning and building committee before relying on older online information or a developer’s preliminary presentation.