The National Outline Plan for Strengthening Existing Buildings Against Earthquakes is abbreviated as Tama 38. The plan is essentially a collection of regulations, whose primary role is to address the risks arising from earthquakes in Israel. The plan has several objectives that all citizens in the country should be aware of. Firstly, the plan aims to establish planning arrangements as part of a broad set of other arrangements. Among other things, the plan includes economic, legal, and other provisions for improving and strengthening buildings against earthquakes. In recent years, there has been significant concern about building collapses across the country after earthquakes, which substantially accelerated the formulation of the plan.
A second objective of Tama 38 is to establish guidelines for strengthening existing buildings to improve their resilience after identifying and characterizing building types. In other words, this objective emphasizes differentiating between buildings considered dangerous and unstable and those expected to withstand earthquakes. Furthermore, there is also a third objective of the National Outline Plan for Strengthening Existing Buildings Against Earthquakes. This objective is to encourage the strengthening of buildings, as mentioned, through construction additions. The methods of encouragement include creating a statutory framework that allows for the issuance of building permits for structural changes to strengthen buildings, and setting conditions for implementing additions permitted due to building reinforcement.
Location and conditions for implementing the program’s terms
TAMA 38 applies to the entire territory of the State of Israel, despite the fact that adding building rights in certain parts, especially in the periphery, may not be attractive. The law is supposed to provide an incentive for entrepreneurs and contractors who agree to strengthen the buildings in exchange for additions that will remain in their possession. But while in Tel Aviv and in the center the incentives are clear and worth large sums of money, it is difficult to achieve similar or even close incentives in remote cities. The low demand for apartments in the periphery and the low land values greatly prevent the implementation of the program in these areas.
Technically, the program applies to existing buildings for which a permit was issued for their construction before January 1, 1980, except for buildings that meet Israeli Standard 413. This is a standard that was first approved in 1975, when until that date there was no mandatory standard for earthquake-resistant construction. The meaning of this clause in the law is that buildings built after 1980 are not eligible for development, strengthening and renovation projects following TAMA 38. On the other hand, the program takes into account that the provisions of the standard were not implemented immediately upon its approval, due to the long periods of planning, licensing and construction processes. This is the reason why the program applies only to buildings for which the permit for their construction was issued before the beginning of 1980. In any case, the program does not prevent the strengthening of buildings built later, as long as the strengthening is carried out without receiving building additions, incentives and benefits.
Program restrictions for buildings with a standard
There are a number of restrictions and conditions that the law insists on in the context of TAMA 38. The program does not apply to buildings that the standard exempted from the outset. This is the reason why the program cannot be applied to buildings up to two stories, with an area of up to 400 square meters. The program is also not suitable for buildings that are not occupied by residents most of the time, such as warehouses. Finally, the program cannot be carried out on buildings that have been designated for demolition according to another plan or a final court order. Over the years, quite a few disagreements have been discovered regarding the program, which highlights the importance of involving a lawyer. Residents interested in building strengthening programs, contractors interested in enjoying the incentives, and other parties involved in the process can use the services of a lawyer.
