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1 במאי 2012

Tama 38

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National Master Plan for strengthening existing buildings against earthquakes (Tama 38)
Israel there is a concern that an earthquake will occur and cause damage to life and huge damage to the most expensive purchase people make in their life their home.
Earthquakes occur every hundred years or so and are especially dangerous to buildings and areas filled with people.
We live in an era where in the last 2000 year’s great earthquakes happened  because of the proximity to the Great Rift Valley.
Israel’s government had a creative idea instead of giving money to people to make the buildings protected against earthquakes or alternatively require the homeowners to invest money in expensive repairs.  would give building rights for all building built before 1980.

Also due to the urgency and the fact that even saving lives and preserving normal life, because to lose the house that is financial harm and damage to the current way of life and can be very traumatic. It was decided that building rights will be granted without serious credentials and endless difficulties in passing all normal construction program and by that financing the reinforcement.
Three problems:
Rights often proved insufficient to finance the high costs of strengthening the structure. Municipalities often do not want to confirm a lot of rights because they might harm the fabric of the city.
Second, each program requires the approval of the local committees that want to see that indeed the building will be appropriate and renovating is valid and good so they can take a big earthquake.
Third, the financing problem, who gives the guarantee and a collateral to the bank for the construction. The ground an apartment building does not belong to the entrepreneurs.
All these problems led to almost no buildings were repaired.
Where little initiatives took place is only in the center of the country at the most prestigious parts. I know of one builder that  Created a patch with all the tenants of the apartment building, creating a new registration unit in the common house correction order, after which the sub will be created - a new part, which can be used as collateral for the Bank and get a loan to strengthen the building to add dimensions and build himself another two-story covered and then sold it and managed to get some profit.
Of course at a big risk that passes from the tenants to the entrepreneur.
National construction program 38 can be
Approved by a local committee, to add new housing units of a new regular floor, on the roof or in a new wing. Expand the existing dwellings by 25 square meter. In these meters he must add security room 12 square meter and 9 sq. m net. He can add a balcony of 13 square meter for every apartment. He can also add a lift even outside the building.
Needs also to provide a solution for parking and get approval of the engineer of the commission  for the old and new apartments. Of course the Commission can give entrepreneurs that cant build a pass.
The design must match the existing building and protected spaces can be added.
You can also do it on a non-residential buildings and get another flight or another department.
In 2007 and 2008 temporary amendments to legislation were made.
Exemption from payment of sales Tex capital gains on sale for it affected the rights of the tama 38. Exemption from sell tex and Exemptions from buying tax and Exemption from Shavach tex witch is the difference from the money you paid for the property and the money you made from selling it in this case you pay no tax.  

Who is responsible in principle to strengthen the structure are of apartments in the building. The homeowners can If they built more apartments in a building they can in principle sell and split the money if there was any left.
They can take a professional developer to handle all the legal side facing municipalities and contractors, he will have to obtain signatures of the tenants, prepare a request for building permits, pass through the local planning committee, design the building and plan it, fund the construction and then sell the additional dwellings built for some hope of a profit. In this case the tenants lose the opportunity for gain of money.
Residents also can request an entrepreneur that builds to raise their own property values ​​and quality of life, and ask more from what  the program 38 originally intended to give. for example: Whole staircase renovation, or interior remodeling of the old apartments.

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