How does TAMA 38 begin? Dozens of TAMA 38 projects can not be implemented for a variety of reasons, and in this short article we will give you the 10 points that you will be able to get the TAMA 38 project into practice.
Purchase of an apartment in the TAMA 38 project Dozens of apartments are now for sale, in projects under the framework of National Outline Plan 38. For the potential buyer, a purchase deal under NOP 38 is usually a very worthwhile deal. Housing prices are sold at lower prices on average of 7-15% of the identical apartments in a completely new building, creating an opportunity to live in a new apartment at a reasonable price (everything is relative of course).
Selection of contractor for the implementation of TAMA 38 project Before signing with a contractor to implement the TAMA 38 plan, a number of details must be examined about the contractor: First, is the contractor interested in carrying out the TAMA 38 project with you a private person or a company? If it's a company, is it a private company or a public company?
Percentage of tenants' consent required for TAMA 38 The Land Law (Reinforcement of Condominiums against Earthquakes), 5768-2008 (NOP 38) sets the required level of consent among the apartment owners in the building for the purpose of implementing the TAMA 38 project, as follows:
Considerations in selecting an attorney for TAMA 38 project 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.
All about taxes in NMP 38 The deal, based on NOP 38, involves the obligations of the tax authorities both to the entrepreneur and to the tenants.In the TAMA 38 deal, the developer actually acquires the building rights available to them from the plan, including construction of the additional units, in return for building reinforcement services against earthquakes and additions to the apartments. This transaction involves tax liabilities (betterment tax, purchase tax, VAT, income tax) that affect the profitability and profitability of the TAMA 38 project.
Objection of Tenants to NOP 38 In the Haifa District Court, an appeal was filed by five of seven apartment owners in a condominium, after they applied to the Haifa real estate supervisor to use its authority under section 5 of the Land Law (Strengthening Houses Against Earthquake) and to approve construction work in the framework of NOP 38) Strengthening the building, including the construction of an elevator, Mamad and renovations (in return for receiving rights to build additional residential units that will be transferred to the contractor), despite the objections of the neighbors.
Because he opposes TAMA 38 - what do we do? What happens if there is an agreement in principle by most of the tenants in the building for the implementation of National Outline Plan 38, but there are still neighbors who oppose the implementation of National Master Plan 38. It should be remembered that the Land Law (Reinforcement of Condominiums against Land Wives), 5768-2008 38) determines the level of consent required of the apartment owners in the building for the purpose of implementing TAMA 38. In implementing TAMA 38, there are four types of permits, each with a different demand. (Regarding the type of permit and the required majority percentage - click here.)
Circular of the Director General regarding the implementation of NOP 38 plans Circular of the Director-General of the Ministry of the Interior regarding the implementation and implementation of NOP 38 Plans: On January 6, 2009, a circular was published by the Ministry of the Interior regarding the implementation of TAMA 38. In the circular itself, the Ministry of Interior details the conditions and requirements for holding the plan. In order to approve the TAMA 38 plan and to encourage further reinforcement of existing structures against earthquakes, several legislative amendments were approved:
Leases a property for the management of a cafe will not prevent the implementation of the TAMA 38 deal The Tel Aviv Magistrate's Court rejected a request by a tenant of a commercial property located on the ground floor on Yehuda Halevy Street for an injunction prohibiting work on the realization of TAMA 38 in the building. And the balance of convenience, as well as the conduct of the applicant, his or her good faith, and when the request is filed ex parte, it is also necessary to examine whether he has disclosed all the relevant information. Obviously.
Amendment to the Real Estate Tax Law - Expansion of the exemption from land betterment tax on TAMA 38 transactions As detailed in the article on the Government Authority for Urban Renewal Law published last month, significant sections of the Real Estate Tax Law and the VAT Law regarding the exemption from betterment tax in TAMA 38 were amended. The new law states that the exemption from land betterment tax will apply to building rights pursuant to NOP 38 As well as building rights under the Urban Planning Scheme. In the past, the exemption from land betterment tax for residents was applied only to the building rights that were derived from the NOP, and this reduced economic feasibility Of projects and coveralls the calculation of construction rights.
A new method by Avigdor Yitzhaki to calculate rights in NOP 38/2 National Council Chairman Avigdor Yitzhaki presented three new methods for calculating rights in the demolition and reconstruction plan of National Outline Plan 38, but one of them, which was significantly different from the plan deposited for the objections last November, was declared simple and preferential.
New regional guidelines of the Tel Aviv-Jaffa Local Committee On June 27, 1996, the Tel Aviv-Jaffa Municipality published territorial directives of the Tel Aviv-Jaffa Local Committee in accordance with Amendment 101 of the Planning and Building Law, Section 145D. The spatial guidelines appear in chapters according to the components of the building and its surroundings. In dedicated chapters, the Planning Committee's directives were also concentrated on the systems serving the building and its residents, and the manner of its connection to the public systems.
Preventing the concealment of the landscape of future apartments and the lack of parking are not a reason to prevent incentives under NOP 38 The owners of apartments in a 6-unit building in Haifa and an entrepreneurial company submitted a request for a building permit to strengthen the building against earthquakes and the use of incentives under NOP 38, expansion of existing apartments, 2.5 floors and five housing units. The cancellation of the upper part of the building and the proposed apartment, due to the concealment caused to nearby buildings and the absence of two required parking spaces.
Amendment no. 9 to the Sale Law - no building permit No sale agreement Recently, a bill was passed to amend the Sale of Apartments Law, a proposal that will protect apartment buyers and provide them with a safety net. Today, the Sale (Apartments) Law allows entrepreneurs to sell apartments even when there is still no building permit, and many times even when the plans do not match the local master plan and there is no certainty that the apartments can be built and handed over to the purchasers.
The appeals committee in Haifa determined that only in exceptional cases would the damage to the landscape increase the public interest in strengthening buildings according to the TAMA 38 plan An appeal filed against the decision of the Haifa Local Planning and Building Committee, which approved the terms of the request to strengthen an existing building of 6 housing units, while taking advantage of incentives under NOP 38, at 20 Yocheved Street, 32 Shimshon Street, Haifa.
The Givatayim Municipality reduces building rights in TAMA 38 projects According to a policy document formulated by the Givatayim municipality, it reduces building rights in demolition and rebuilding projects in the framework of National Outline Plan 38/2. The policy document states that the conditions for obtaining a building permit on the track of demolition and reconstruction are more stringent and reduces the economic feasibility of implementing TAMA 38 / 2. The expectation, of course, is a significant reduction in the number of projects that have been launched.
Approval of the addition of a reinforced room will prevent future implementation of NOP 38 The Haifa District Court, sitting as the Court of Civil Appeals, filed an appeal against the decision of the Supervisor of Land Registration in Haifa, according to which an injunction was issued to apartment owners in a condominium to add a security room to their apartment while expanding an existing room.The tenants live in a building in Haifa, .
A built-up safe room does not prevent the implementation of the TAMA 38 deal Ten residents of a Jerusalem condominium, with 18 apartments, wanted to strengthen the building in accordance with the provisions of National Outline Plan 38, but their request was rejected outright by the local planning and building committee in Jerusalem (the respondent) because of one of the apartments in another building. The decision of the local committee to the district appeals committee for planning and construction.
The District Appeals Committee ruled that a protected area is mandatory in TAMA 38 projects In the framework of an appeal filed by an entrepreneur against the decision of the local committee which refused a request for a building permit to strengthen the building according to TMP 38 at 30 Tel Hai Street in Rishon Lezion, they were asked, inter alia, for the addition of 2 floors and a partial floor, D. On the basis of the request, new housing units were planned for new dwellings only and not for existing apartments.
The date on which the improvement levy is levied by virtue of a plan enabling the roofing of pergolas in an apartment built under NOP 38 is the date of the building permit and not the approval date of the plan An entrepreneurial company entered into an agreement with apartment owners in a building in Rishon Letzion for the purpose of carrying out the TAMA 38 project, after a building permit was issued for the reinforcement of the building, as well as for building additions, an addition of 6 units and two floors, and the construction company leased the sixth- The Company by the Local Planning and Building Committee of Rishon Lezion in a betterment levy for a plan that enables the roofing of a pergola in the roof (R / 30/1/1).
The Supreme Court - a combination transaction for NOP 38/2 entitles the seller to a tax exemption Between the owners of the apartments in the building and the developer, a transaction was signed in 2012 in which tenants sold part of their rights to the entrepreneur in return for new apartments in the buildings to be built. In other words, the owners of the apartments and the entrepreneur are parties to a partial sale combination transaction. The court discussed the question of whether the apartment owners are entitled to an exemption from land betterment tax in respect of the sale of the rights,
The decade of National Outline Plan 38 - achievements and failures Following the 2004 earthquake that claimed the lives of about 280,000 people on the Asian coast, the Israeli government understood the gravity of the danger facing the country's inhabitants during an earthquake. In light of the understanding that this is a danger that no citizen is immune to, and after warnings of an earthquake in Israel, it was decided to prepare accordingly. In 2005, the government and the planning authorities approved National Outline Plan 38 - a national master plan for strengthening buildings against earthquakes.
Mamad (safe room) to the edge of the plot within the framework of National Outline Plan 38 On 02.09.2014 a decision was made by the District Appeals Committee in Tel Aviv by Micha Gidron, Chairman of the Board of Directors, to allow the construction of a security unit up to the border of the plot in a residential building on Itamar Ben Avi Street in Tel Aviv.
NOP 38/2 in Ramat Gan - a significant reduction in light of the report of the investigating architect Architect Miriam Erez, appointed by the Ramat Gan Local Planning and Building Committee to investigate the plan for the implementation of the city's TAMA 38 plan, submitted a detailed report in which she accepts some of the objections submitted to the plan, and recommends reducing the number of apartments, And demand that the municipality erect public infrastructure to support the building additions.
The Supreme Court - The Supervisor of Land Registration has the exclusive authority to discuss any dispute relating to the TAMA 38 project A new tax decision published in 3637/15 deals with the sale of part of a building evacuation area between two entrepreneurs. A ruling given by the Supreme Court at the end of last month states that the Land Registry Commissioner has the exclusive authority to discuss any dispute between apartment owners in a condominium regarding their rights or obligations deriving from the Reinforcement Law - National Outline Plan 38, and in this way also proprietary rights.
Urban renewal projects can not be conditioned on full preliminary development of infrastructures In a long and detailed ruling (76 pages), the Court for Administrative Affairs in Tel Aviv (Honorable Judge Michal Agmon Gonen) detailed the development of urban renewal both in the framework of the NOP and in the framework of the evacuation of construction, Important.
The chaos in the interpretation of the calculation of building rights in the framework of NOP 38/2 The lack of clarity regarding the calculation of construction rights granted in TAMA 38 projects in the demolition and construction track continues to exist, and the dispute is whether the additional building rights granted by the NOP should be calculated according to the actual floor area of the building or according to the floor area Sustainability in the field.