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A revolution is approaching TMA 38/2 within the framework of the Settlements Law

(live here in the urban renewal) - On 28/3/23, the Knesset plenum approved, in the first reading, the state budget and the law of arrangements for the years 2024-2023. With the approval of the law in the second and third readings, the way will be opened to accelerate projects within the framework of TMA 38/2 (demolition and reconstruction). The law lowers the required majority among apartment owners and is expected to pass in the Knesset during May 2023. Details in the rest of the article...


Hadar Carmel and the downtown in Haifa (photo: Yaron Karmi)
Hadar Carmel and the downtown in Haifa (photo: Yaron Karmi)

Desperate lack of apartments

The housing market in Israel suffers from a desperate lack of new apartments in the main cities. Not everywhere it is possible to organize complexes for construction evacuation projects. That is why TMA 38/2 type projects are promoted alongside them at the level of the individual building. In TMA 38/2 the existing building is demolished and a new one is built in its place.

TMA 38/2 has multiple advantages in that the tenants receive in return new apartments that withstand earthquakes, MMD, a wide balcony and, in general, a building with new infrastructure that meets all the latest standards. The biggest advantage of a TMA 38/2 type project is the relatively short period of time required from the initiation phase, planning, obtaining a construction permit and execution (about 60 months) compared to construction evacuation projects that usually last over 12 years.

The required majority among the apartment owners

Despite the advantages of TMA 38/2 (demolition and construction), one of the problems facing apartment owners today lies in the required majority of apartment owners supporting the project, which stands at 80%, in order to approve the execution of work on the common property. This is about to change!

An example case, which will change following the new law:

In a prestigious maritime neighborhood that is being renewed in Haifa, there is an old, two-story building and four apartments, but with shaky infrastructure. Three of the four apartment owners, who make up 75%, expressed their desire to enter into the procedure of TMA 38/2, in which they will demolish the building and under it build a new building with new infrastructures, resistant to earthquakes, MMD, elevator, balcony towards the sea, warehouse, elevator and more.

However, the owners of the fourth apartment refused to join the project and in the absence of an 80% majority it was not possible to move forward for years.

The great news in the Law of Arrangements:

The new Settlements Law, which will soon be approved in the third reading, states that the majority required to carry out TMA 38/2 (Demolition and Construction TMA) in the compound of a single house, will be two thirds, i.e. 66.7%. This is a dramatic change, which is expected to affect mainly houses with few tenants.
for example:
A house of 9 tenants - 6 instead of 8 tenants are required
A house of 4 tenants - 3 tenants will be enough.
A house of 8 tenants - 6 tenants (in place of 7).

Contact Chai here: At watsapBy email

Menashe Shemesh
Menashe Shemesh
Eng Menashe Shemesh 052-6220769 email [email protected]

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20 תגובות

  1. Some contractors bring their friend to show the apartments. I found this out only after signing a contract. The enemy is only on the side of the contractor, she does not fight for our rights as tenants. I tried to cancel the contract and it is not possible. That's why I highly recommend to all those entering the Tama 38/2 demolition and construction project to pay attention to everything, it's better to pay some money and consult with an advisor. Otherwise you will get into big trouble just like Ammon and my neighbors.

  2. Why 66%? It is possible that every day an apartment owner will rise up and destroy the apartments of his neighbors to put in his pocket, for the glory of the State of Israel! And whoever thinks that someone will later buy an apartment in our democratic and enlightened country, a light to the Gentiles, should reveal with due disclosure what medical canvas he is taking...

  3. Tama's idea is good
    But in Israel, everything is hijacked by pigs and goes through combines.
    The real criminal is the municipality that approves real estate anarchy

  4. Let's pray that with God's help it will be approved in the Knesset and maybe finally within another 24 months and that we will receive the vacate order from the destroyed building that I live in today with criminals and shooters

  5. Gardens, trees and green spaces, it's nice. Open view, it's lovely!. But more important than all of these is life itself. In order for the whole of Haifa and the whole country not to collapse in the imminent earthquake, the buildings must first and foremost be strengthened. Everything else is less important, and will be taken care of in the 100 year period until the aftershock.

  6. A 5-year implementation period is a disaster for elderly apartment owners who will be forced to move into rental housing in their old age, disconnect from the supportive environment and be exposed to the mental stress of the upheaval and the mental stress of being at risk of losing their roof if the project runs into difficulties. Did he think about it? Does anyone care? Investors only see the profit. The price is paid by the elderly.

  7. Old houses with dilapidated infrastructure are both dangerous and a disgrace to the city. Good thing they changed the law so everyone got hired.

  8. No news.
    In the coastal neighborhoods, for example, most of the buildings have been signed for almost a decade with most signatures. Does anything come of it? Is something moving in the engineering department?
    The majority of tenants' signatures has long since ceased to be personal. There are majority signatures, there are entrepreneurs, there are organized plans by architecture firms, there is even a master plan for the city.
    "News" should come from the municipality and the planning committees.
    A decade of waiting and no development.

    • Thanks for your response.
      I also meant Tama 38/2. In 2007, when they started signing tenants here, the apartment prices were around NIS 200,000 and the developers aimed only for construction clearance and multiples of 5 and 6. But today, every new apartment with a price tag of 2 million and up is no longer necessary for construction clearance and there is economic feasibility for Tama 38/2 as well. There are examples like mushrooms after the rain in the Kiryat cities, even at a lower land price, the entrepreneurs get and fly there on any basis.
      One way or another, the problem in Haifa is the municipality. As mentioned, there is none.

  9. exciting! In most cases, a Binui removal project makes it possible to organize the items in the apartment as well as generate an alternative profit from the items that are no longer needed. This is especially true in the apartments of older people. As long as there are old items in the apartment such as records, books, old newspapers or any item from the 1950s, there is a situation that these are collectible items with monetary value. If you want to know how to evaluate the contents of the apartment independently, search on Google "Evacuation of Yosef Hausef's apartment" and get an accurate article that explains how to do this.

  10. Tama 38/2 motivated by greed of contractors. Thousands of apartment buildings, some of which are already designated as dangerous buildings, are not being promoted because they are not in the sought-after neighborhoods. On the other hand, there are dozens of such buildings in Bat Galim, Ahuza, Carmelia, Kabir, Central Carmel and Western Carmel.
    At once, hundreds of additional vehicles to neighborhoods that are already congested and crowded.
    At once hundreds more children without playgrounds because there are very few and no new ones have been added.
    At once the whole neighborhood has to be dug up to replace a pipe that cannot withstand the loads because it was not designed for this
    At once the 7-story buildings hide the view of their surroundings (remember the view = a given right)
    At once the 7-story buildings create a shadow on the surrounding roofs - a critical effect on light and air that is blocked and a green area that turns concrete parking lots without leaving gardens and cutting down hundreds of trees in these lots.
    This is a huge and impossible damage already in some streets - noise, overcrowding, no trees, feeling of suffocation.

    • How much is every word in the rock!
      But for money they would put us all in a cemetery too!!!!
      You can die just by drinking tap water.

  11. Very sad, complete destruction of the whole character of the green Carmel!!! And the destruction of all the history and architecture of the city!!!

    • Everything in moderation and no sense.
      Lowering the required majority does not harm, but the opposite.

    • 100% right. It is enough to destroy the Carmel, which precisely because of the current Binui character became so sought after and popular in the first place.
      There are streets like Wedgwood that were pleasantly shady and quiet turned into a freeway without a drop of shade with noise all day long.
      It's a disaster that will eventually hit your pockets.

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