Guide to Building Additions Under Tama 38

What is a Building Addition Under Tama 38?

A building addition under Tama 38 is a legal right that allows residents in shared buildings that have undergone urban renewal (demolition and reconstruction) or are subject to Tama 38 regulations to build additional space on roofs, storage areas, balconies, or on the building's facade. This right is granted to the original apartment owners as part of the renewal plan, and the scope of the addition is determined by relevant planning laws and the building's remaining building rights.

In recent years, demand for building additions under Tama 38 has increased because they represent an opportunity to realize additional space at relatively low cost and through an accelerated process. However, the matter involves complex legal, technical, and regulatory requirements that require professional guidance.

Who is Entitled to a Building Addition?

Apartment owners in shared buildings that have undergone an urban renewal program (Tama 38) or are built in accordance with regulations that permit building additions are the primary entitled parties. The right is usually linked to ownership of an original apartment in the building, and it cannot always be transferred to a new buyer — this depends on the conditions of the specific plan. Additionally, the right to the addition may be limited to a specific area or designated zones in the building.

Why Mandelbaum, Gor, Witzman-Gor Law Office?

Our firm has specialized in real estate and property law since 2008, with deep experience in Tama 38, urban renewal, and construction projects. We represent residents and apartment owners in complex processes of building additions, examination of rights, navigation through plan conditions, and coordination with planning authorities. First consultation is free, and we provide personalized handling of each case.

Calculation of Building Addition Under Tama 38 — What is the Process?

Calculation of the building addition right under Tama 38 is based on several parameters established in the specific renewal plan and in the shared building's regulations. The formula is not uniform across all projects — each plan may define a maximum addition area, permitted zone types (top floor, roof, storage, enlarged balcony), and specific building rules.

Main Calculation Steps:

• Review of the Original Plan: The first step is obtaining an updated copy of the urban renewal plan or building regulations that detail the original addition rights.
• Identification of Remaining Building Rights: Not every apartment owner has realized their rights. The remaining rights are determined according to the area actually built versus the original allocation.
• Calculation of the Permitted Area: Typically, the addition is calculated as a percentage of the original apartment area (for example, 15–25%) or as an absolute area (for example, up to 20 square meters). This calculation depends on the type of construction (top floor, shared roof, storage located in a lower floor).
• Verification of Land Registry Data: The land registry document must reflect the addition rights, and they must be registered in the name of the apartment owner or in the name of the shared building as a whole.
• Coordination with the Local Authority: In some cases, approval must be obtained from the local authority (family report or notation on a building plan) before construction begins.

Practical Example:

A building under Tama 38 in which an original apartment has an area of 100 square meters. The plan defines that each apartment is entitled to an addition of up to 20% of the original area, namely 20 square meters. The apartment owner wishes to build an enlarged balcony of 18 square meters. Before construction, the owner must verify that the right is registered in the land registry, obtain approval from the shared building's engineer, and obtain a building permit from the municipality. The precise calculation will determine the cost (appreciation tax, planning fees, technical inspection) and timetables.

Legal Process Stages for Realizing Building Addition in TAMA 38

Realizing a building addition under TAMA 38 requires careful navigation between legal, technical, and regulatory requirements. Below is a description of the main stages:

1. Legal Review of Rights

The first step is a thorough examination of original documents: the urban renewal plan, the building regulations (condominium articles), current land registry extract, and an engineer's report. The purpose of this review is to identify any liens, competing rights, or restrictions on the addition. Sometimes, addition rights may be attributed to the entire building rather than to a single unit, which complicates the process.

2. Obtaining Approval from the Building Engineer

The building's engineer (or structural consultant) must confirm that the addition does not compromise the structural integrity, infrastructure (electricity, water, sewage), and building stability. This report is a mandatory requirement for obtaining a building permit.

3. Obtaining a Building Permit from the Municipality

The unit owner must submit a building permit application to the municipality (in Petah Tikva or Ramat Gan, depending on the property location). The application includes detailed plans, area calculations, an engineer's report, and fee payments. This process typically takes 4–8 weeks, depending on the municipality's workload.

4. Payment of Appreciation Tax (in certain cases)

A building addition may be considered an increase in property value and thus lead to appreciation tax payment. The amount depends on the addition's area, property value, and the tax rate applicable at the time of construction. It should be verified with the Land Registry or a legal advisor whether the addition is tax-exempt or subject to a reduced rate.

5. Construction Execution Under Supervision

Construction must be carried out in accordance with the permit and under the supervision of a municipal building inspector. Upon completion, final approval and a completion report (construction completion certificate) must be obtained.

6. Registration in the Land Registry (if required)

In some cases, the addition is pre-registered in the land registry as part of the urban renewal plan. In other cases, the land registry extract must be updated after construction completion to reflect the new area.

Comparison: Building Addition under Tama 38 vs. Alternative Solutions

A apartment owner seeking to expand their home faces several options. Below is a comparison between a building addition under Tama 38 and alternative solutions:

As can be seen, a building addition under Tama 38 is often the most economical and practical solution, provided the right exists and is properly exercised.

Practical Tips: How to Start a Building Addition in Tama 38

If you are an apartment owner in a Tama 38 project and are considering a building addition, here are several practical steps you can take:

1. Gather Basic Documents

Start by obtaining an updated copy of the deed registry, the original renewal plan, the building regulations, and a recent engineer's report (if available). These documents will form the basis for legal assessment.

2. Verify Your Rights with Legal Counsel

Contact a law firm specializing in real estate law (such as ours) to verify the scope of your rights, any restrictions, and legal requirements. A complimentary initial consultation will give you a clear picture of the prospects and estimated costs.

3. Obtain Technical Assessment from an Engineer

Following legal approval, consult with a construction engineer or structural consultant to assess the technical feasibility of the addition, its impact on the structure, and any reinforcement requirements (if applicable).

4. Coordinate with Building Management

Notify the management of your intentions, share the engineering report with them, and obtain approval from the building's engineer. This will help avoid disputes during construction.

5. Submit a Building Permit Application

With the assistance of legal counsel and an engineer, submit a building permit application to the municipality. This application must include detailed plans, area calculations, an engineering report, and fee payments.

6. Select a Licensed Contractor

After obtaining the permit, choose a contractor with experience in building additions, ensure they have comprehensive insurance, and establish a clear written agreement regarding costs, timelines, and requirements.

7. Supervise Construction and Obtain Final Approval

During construction, ensure it is being carried out in accordance with the permit and under supervision of a building inspector appointed by the municipality. Upon completion, obtain final approval (completion certificate) from the municipality.