TAMA 38 / Pinui-Binui — Adding Mamads to Old Buildings in Israel

What is TAMA 38?

TAMA 38 (National Master Plan 38) is a government program designed to strengthen older buildings in Israel against earthquakes. The plan offers developers economic incentives (additional building rights) in exchange for reinforcing the building — and as part of this, adding mamads to every apartment.

Types of TAMA 38

Type	Description	What Happens to Residents
TAMA 38/1	Strengthening + adding floors	Stay in the building during construction
TAMA 38/2	Demolition and rebuild (Pinui-Binui)	Move to temporary housing, return to new building

Since 2024, TAMA 38/1 has been largely replaced by the Pinui-Binui program, but previously approved projects continue.

How TAMA 38 Provides a Mamad

Under TAMA 38/1 (Strengthening)

Apartment expansion — the developer expands each apartment and adds a mamad as part of the expansion
Mamad size — 9 sqm minimum, per Israeli Standard 4910
Cost — borne by the developer, not residents. In return, the developer receives building rights (new apartments on added floors)

Under Pinui-Binui (TAMA 38/2)

The building is demolished and rebuilt — every new apartment includes a mamad per Standard 4910
The new apartment — typically larger than the original, with a mamad, elevator, parking, and balcony
Cost — borne by the developer. Residents pay nothing

Your Rights as a Resident

What You Receive

Mamad in your new or expanded apartment — per Israeli Standard 4910
Larger apartment — typically 12-25 sqm more than the original
Upgrades — elevator (if there was none), new lobby, parking, sun balcony
No cost — the developer finances everything in exchange for building rights

Resident Obligations

Majority consent — 2/3 of residents required (for Pinui-Binui: 80%)
Cooperation — vacating the apartment on time (Pinui-Binui) or patience with construction noise (TAMA 38/1)
Legal representation — it is recommended that all residents be represented by their own attorney

The Process

Step 1: Eligibility Check

The building must have been constructed before 1980 (for TAMA 38) or be approved under a Pinui-Binui plan
An engineering assessment of the building’s condition is required

Step 2: Selecting a Developer

Residents choose a developer (contractor) to carry out the project
Compare offers — the benefits to residents vary between developers

Step 3: Signing the Agreement

A detailed contract between residents and the developer
The residents’ attorney reviews every clause

Step 4: Permits and Planning

The developer submits a building permit application including mamad plans
Home Front Command approval of the mamad designs

Step 5: Execution

TAMA 38/1: strengthening and expansion work, 18-36 months
Pinui-Binui: demolition and construction, 24-48 months

Step 6: Occupancy

Home Front Command inspection to confirm mamads are compliant
Form 4 issuance and key handover

Costs and Financing

Item	Who Pays?
Mamad construction	Developer
Alternative rent (Pinui-Binui)	Developer
Residents’ attorney	Developer (usually)
Capital gains tax	Exempt in TAMA 38 projects
Moving costs	Developer (usually)

Common Issues

Delays — projects can be delayed by years. Ensure the agreement includes guarantees and timelines
Build quality — sometimes the mamad is built below standard. Demand a Home Front Command inspection before occupancy
Lack of consensus — dissenting residents can delay the entire project. The Pinui-Binui law allows compulsion in certain cases

Frequently Asked Questions

If my building is not eligible for TAMA 38, how do I get a mamad? You can build one independently (120,000-200,000 NIS) or install a mobile mamad (60,000-90,000 NIS). Alternatively, find the nearest public shelter.

How long does a TAMA 38 project take? From signing to occupancy: 3-5 years, including planning, permits, and construction.

Can I refuse a TAMA 38 project? TAMA 38/1 requires consent of 2/3 of residents. Pinui-Binui requires 80%. A resident who refuses without reasonable cause may be subject to legal action.