NOP 38 - or its full name: The National Outline Plan for the Strengthening of Buildings against Earthquakes - is one of the projects of the highest national importance in today's Israel The goal of the plan is clear: to ensure the durability of as many buildings as possible throughout Israel from strong earthquake, All signs will happen in our region sooner or later.
When a group of tenants in the building decides to join this plan and implement it, it turns most of its resources to planning the work itself: what additions will be added to the structure? But it seems that among the many practical considerations, one consideration that is of crucial importance in the success of the project is forgotten: the hiring of an expert lawyer.
Legal representation during the TAMA 38 project - is it necessary?
On the face of it, the search for expert lawyer seems unclear, even a little puzzling. This is not a large-scale real estate project, and therefore the legal aspect will be relatively small, and this will lead quite a few people to invest as little as possible in the search for appropriate legal representation - a mistake that every tenant and tenant will pay for a long time.
It is important to understand: A condominium that joins TAMA 38 becomes a real estate project in every respect. And just as no one will execute a real estate transaction for the purchase of a property without a lawyer, it is very important to approve the commencement of the TAMA 38 project only after the appointment of proper legal authority. The tenants have a variety of interests to keep in the course of their work, and therefore the execution of the project without proper legal advice is a shot in the foot for everything.
The legal aspects of the TAMA 38 project
A project to strengthen joint buildings, including two sides (again, just like in a standard real estate project): tenants and the entrepreneur The tenants will of course aspire to work that will ensure real reinforcement of the building against earthquakes, and on the other hand The living quarters of the building.
The interests of the entrepreneur will be completely different: he will, of course, want to enjoy the maximum benefits of the program, to make as much profit as possible from his work and to minimize his expenses. Therefore, it is clear why there is a need for an intermediary side, to find a common ground.
The issues that are important to the presence of an expert lawyer will be, inter alia:
Determining the exact project objectives
Defining the profit and benefits that the two parties will receive as part of the project
Summary of collateral to be provided by the developer to tenants
Determining the legal protections to which tenants are entitled (similar to a regular real estate project)
Appointment of professional construction expert as representative of tenants, defining his duties and responsibilities
It can be said that the attorney plays an important role in formulating the final agreement for the TAMA 38 project in all its aspects. For further information, please read the full article of Adv. Eldar Adato on "The stages in formulating the TAMA 38 agreement and the role of the lawyer" on the zap pages.
It is very important not to use the services of an attorney representing the entrepreneur
On the face of it, this is a clear and obvious matter, but not so in practice - especially when it comes to TAMA 38. According to current market practice, an entrepreneur who works to strengthen a structure under NOP 38 will pay the lawyer's fees, Tenants.
This fact creates a significant problem: since the entrepreneur pays the lawyer's fees from his pocket, it is natural to assume that he will be the one who will choose his identity. However, in such a situation, there is a danger of a clear conflict of interest and the situation in which the attorney who is supposed to represent the tenants actually keeps the interest of the entrepreneur - the person who hired his services.
Therefore, despite the fact that the entrepreneur will pay the fees, it is important that the tenants choose the right lawyer for themselves. Only in this way will they know with certainty that he is safeguarding their interests - and theirs alone - and not the entrepreneur's ambitions and desires.
Do not forget: expertise in TAMA 38 is essential
Even today, by all accounts, there are not enough projects in Israel that participate in this important national master plan. An even lower number of projects has been found after the completion of the works. Nevertheless, the importance of appointing a lawyer with experience in such projects is paramount.
In spite of the small number of projects in this field, you will find a wide selection of attorneys for TAMA 38, who have already experienced and practiced in the field. TAMA 38 works are unique in every respect, so you need them for the most professional people there are.
Adato specializes in the representation of tenants in TAMA 38 projects, and handles complex projects in this field, representing dozens of TAMA 38 projects throughout the country. Due to its extensive knowledge and experience, the firm is able to obtain the best conditions for the TAMA 38 tenants. The firm's lawyers provide legal advice and accompaniment to the tenants, through the signing of the agreement, and until construction is completed.