Tama 38 Technical Specification — What to Inspect and Why It Matters

What is a Technical Specification TMD 38 and Why It's Critical for the Buyer

A technical specification TMD 38 is a vital legal document in every apartment purchase transaction in an urban renewal project or new construction in Israel. The TMD 38 regulation imposes strict requirements on the seller regarding information that must be provided to the buyer, and a central part of this obligation is expressed in the specification appendix — a document that details the apartment's features, price, payment terms, special conditions, and all technical details related to the property.

As a buyer, the technical specification is your primary protection tool. It is not merely an "information sheet" — it is a binding contract. Any discrepancy between the specification and the actual apartment can give you legal rights to sue, obtain a refund, or cancel the transaction. Therefore, a thorough examination of a TMD 38 specification is an integral part of a responsible purchase process.

At Mandelbaum, Gor, Witzman-Gor and Partners, with over 18 years of experience in real estate law, we guide buyers through a comprehensive review of specifications and stand by their side at every stage of the process — from signing until keys are received. On this page, we will review everything you need to know.

Structure of the Technical Specification — What Must Appear in the Specification Appendix

A TMD 38 specification must contain several essential sections. If any of them are missing or unclear, that's a warning sign.

• Apartment Details: Apartment number, floor, apartment area (on floor + built-up), number of rooms, number of bathrooms, kitchen, living room, balconies and garden (if applicable). Every number must be accurate and correspond to the actual area.
• Price and Payment Terms: The final apartment price, payment details (installments), payment dates, late payment interest (if applicable), and conditions for cancellation or delay.
• Property Description: Type of construction, finishing materials, paint, flooring, doors, windows, systems (electrical, plumbing, cooling, heating), air conditioning, elevator, security entrance, parking (number of spaces, location), storage.
• Common Rights: The shared area in the building (stairwell, elevator, parking, garden, entrance), and the apartment's share in common areas.
• Delivery Date: The date when the apartment will be ready for delivery, or a date range if not yet determined.
• Special Conditions: Any agreement between the parties, discounts, gifts, insurance, warranties, conditions for cancellation or changes.
• Signatures: Signature of the seller (or their representative) and buyer signature, with date and stamp (if applicable).

Thorough Review — Critical Points Not to Miss

When you receive a TMD 38 specification, do not read it blindly. Check systematically:

1. Accuracy of Basic Data

Compare the specification data against the actual apartment: area, number of rooms, window locations, doors, balconies. If there is even a 2–3 square meter difference in apartment area, this can form the basis for legal action. Also check the apartment number and floor — these are often listed incorrectly.

2. Description of Materials and Finishes

The specification must detail precisely: what type of flooring (tile, parquet, conductive concrete), what paint color (with name and code), what type of doors (wood, metal, other), window features (single or double-glazed, sound insulation, profile type), kitchen (built-in or not, what's included), bathroom (tiles, faucet, shower enclosure). If the specification is written in generalities ("standard finish", "at the developer's discretion"), that's problematic — you don't know exactly what you're buying, and the seller can substitute cheaper materials.

3. Building Systems in the Apartment

Check what's included: heating (gas boiler, electric, central system), cooling (air conditioner, other system), electricity (how many circuits, how many outlets per room), plumbing (copper or PVC pipes), hot water (boiler or shared system), television and telephone (infrastructure). If something is not mentioned in the specification, the seller is not obligated to provide it.

4. Parking and Storage

This section often raises disputes. The specification must state: how many parking spaces the buyer is entitled to, where they are located (floor, parking lot location), whether they are assigned to the apartment or shared, what the monthly maintenance costs are. If the specification says "one parking space" but does not specify location, you may arrive to find the space is far from the apartment or in poor condition.

5. Common Rights and Future Payments

The specification must state your share in common areas (usually as a percentage of the total building). This affects annual property tax, maintenance fees, and any shared expense. If it is not stated, request written clarification from the seller or their attorney.

6. Conditions for Cancellation or Changes

Carefully read the sections discussing cancellation rights: until what date can the buyer cancel? What are the penalties? Can the seller cancel under any conditions? Is there an option to make changes to the apartment (for example, changing the finish plan) and under what conditions? All of this affects your risk.

7. Delivery Date and Obligations During Construction

This is a critical section. The specification must state an estimated delivery date (or range). Also check: Is the seller required to pay a penalty for delayed delivery? How much? Are there guarantees or sureties? Must the buyer continue payments during construction, and under what conditions?

8. Warranties and Claims

The specification must state: what is the seller's warranty for apartment defects? For how long? What is the mechanism for handling complaints? Is there construction insurance or liability insurance? This is highly significant — if there is a defect in the apartment (cracks, odors, leaks), you need to know how to address it and how long you have to demand repairs.

Common Legal Risks — What Happens When the Specification Doesn't Match Reality

In our experience dealing with real estate claimants, we have repeatedly seen situations where a TAMA 38 specification differed from the actual apartment. Here are the most common risks:

Defect in Apartment Area

The specification states 120 sq.m, but when measured in reality, the apartment is 115 sq.m. This is not a minor error — it affects the price per sq.m, property tax appreciation, and the future value of the property. An apartment area check must be performed by a licensed surveyor (not by eye), and you should compare the specification with the surveyor's report. If there is a significant discrepancy, you have grounds for a claim for price reduction or contract cancellation.

Materials Below Specification

The specification states "Italian tile flooring", but in reality, lower quality flooring was installed. Or: "central air conditioning", but in reality there are split air conditioners. These are deviations that may affect the essence of the property and its value. If there is a deviation, you can demand replacement or a financial discount.

Missing or Defective Systems

The specification indicates "central heating" but the heating does not work properly, or "internet and television" but there are no infrastructure facilities. In legal damage, this is called "failure to fulfill an essential condition" and can constitute grounds for a claim.

Parking Not as Planned

The specification indicates parking on a lower level, but in reality the space is far from the apartment, or does not even exist. This has happened in various projects. Parking is an asset of significant value, and a deviation in it can justify a discount or compensation.

Delay in Delivery Date

The specification indicates delivery on a certain date, but the seller is delayed by months. If the specification indicates a penalty for delay, you can demand it. If not, you may be left without compensation, but you still have legal rights under the law.

Comparison: Complete Technical Specification vs. Partial or Unclear Specification

Practical Steps — What to Do When Receiving a Tama 38 Specification

Step 1: Read Carefully — Don't rush to sign. Take time, read every section, and note anything that is unclear or doesn't match the actual apartment.

Step 2: Compare with Surveyor's Report — If you have an independent surveyor's report, compare the data. If there is a discrepancy, document it.

Step 3: Request Written Clarifications — Don't rely on "verbal promises". Anything you want to be certain about should be written in the specification or in a written notice from the seller.

Step 4: Engage an Attorney — Before signing, ask your attorney (such as Mandelbaum, Gor, or Witzman-Gor law firm) to review the specification. This is a small investment that will save you major issues in the future.

Step 5: Document the Actual Condition of the Apartment — Upon receiving the apartment, take photographs, take measurements, and prepare a detailed report. Compare it to the specification. If there are deviations, notify the seller promptly.

Step 6: Preserve All Documents — The original specification, the surveyor's report, all correspondence with the seller, the apartment acceptance report — everything may be important in the future if you need to defend your rights.

Provisions of Law TAMA 38 — What Are the Buyer's Rights Under the Law

Law TAMA 38 establishes strict rules for the sale of apartments in urban renewal and new construction projects. Here are your main rights as a buyer:

Right to Receive a Complete and Accurate Specification

The seller must provide you with a complete, accurate, and clear technical specification. If the specification is incomplete or unclear, you can demand clarifications or, in certain circumstances, withdraw from the transaction.

Right to Inspect the Apartment in Person

Before final signing, you are entitled to enter the apartment and inspect it. If there are deviations from the specification, you can demand repairs or a discount.

Right to Cancellation Under Certain Conditions

Under Law TAMA 38, there are cancellation rights under certain conditions, primarily if the seller failed to meet their obligations (such as significant delay in the delivery date). The exact conditions appear in the specification, so it is important to read them carefully.

Right to Compensation for Deviations

If the actual apartment differs from the specification substantially (smaller area, lower-quality materials, missing systems), you can demand a monetary discount or replacement. This requires evidence and documentation, and sometimes legal negotiation.

Right to Construction Insurance

Typically, the seller must insure the project with construction insurance. This protects you against collapse or catastrophic damage during construction. Check whether the specification mentions this insurance.

Right to Legal Action

If the seller failed to meet their obligations as described in the specification, you have the right to sue them in court. However, this is a long and difficult process — so it is better to resolve issues beforehand.

Final Word — Why It's Important Not to Ignore Tama 38 Specification

Buying an apartment is one of life's major investments. The Tama 38 specification is the legal document that protects your rights. Do not treat it as a "product brochure" — it is a binding contract. If you ignore it or fail to read it carefully, you expose yourself to significant legal and financial risk.

In our experience handling many real estate cases, we have repeatedly seen buyers who could have avoided major problems had they reviewed the specification thoroughly and obtained early legal advice. This is not overthinking — it is reasonable caution.

Mendelbum, Gor, Witzman-Gor & Co. offers a complimentary initial consultation. In this meeting, you can have your specification reviewed legally, ask any questions you have, and receive professional advice. We are here to help you protect yourself and ensure you make an informed decision.

If you are in the process of buying in Petach Tikva, Ramat Gan, or anywhere in Israel — contact us. We are here for comprehensive legal support and advice you can rely on.