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In Spain, the installation of lifts is one of the most recurrent problems in residents’ associations. When the incorporation of these mobility equipment does not have the approval of all residents, it can generate controversy. However, the matter is regulated by case law on the installation of lifts in a community of owners, establishing the guidelines to be followed in the absence of a consensus.
The judicial decisions prior to the conflict or the criteria taken into account by the judges to rule on their rulings in relative cases determine the precedents that guide decision-making, in accordance with the law within the framework of existing laws. In this sense, it is important to be aware of what the law says, based on the current regulations.
The following article will describe the main legal and regulatory aspects, as well as the case law on the installation of a lift in a community of owners today.
Case law on the installation of a lift in a community of owners: Main legal aspects
Sometimes, reconciling individual and collective interests in the context of elevator installation can be very complex. In this sense, the case law on the installation of a lift in a community of owners makes it possible to address the conflicts that may arise, providing a legal framework that helps to interpret and apply the regulations in an equitable manner.
Thanks to these criteria, important aspects can be resolved, such as the majority needed to approve the installation, the rights of the affected owners, responsibility for costs and adaptation to current regulations. In addition, as they are binding decisions, they help to clarify precedents on practical and legal situations that may arise in the process such as the selection of suppliers, technical feasibility, legal principles, distribution of maintenance costs, among others. The most important ones are highlighted below:
Legal requirements related to case law on the installation of lifts in a community of owners
Horizontal Property Law
It is the current regulation that governs the organization and operation of buildings under the horizontal property regime, that is, those properties that are divided into several independently owned units and that share common elements such as stairs, elevators, patios, among others.
This law has jurisprudence on the matter. It favours the installation of vertical mobility devices when it is for the benefit of improving accessibility and eliminating architectural barriers that limit people with reduced mobility from being able to move easily.
To proceed with the installation of an elevator, it is necessary to obtain approval at the neighborhood meeting by a simple majority, that is, that the “yes” represents the majority of the participation fees.
However, there are exceptions to this rule: if the applicant is an owner whose home or premises are inhabited or used by people with disabilities or over 70 years of age, this single application will suffice. It is important to note that the latter case will only be viable if the amount of the spill passed on annually to all the residents does not exceed twelve ordinary monthly payments of common expenses, after having discounted subsidies and public aid. If the applicant assumes the additional cost, the works will continue to be mandatory, in the same way as if public aid covers at least 75% of the cost of the installation.
The case law on the installation of a lift in a community of owners also establishes that the costs of installing and maintaining the lift will be distributed among the owners according to their participation quota, while the opposition of those who do not agree cannot prevail over the right of people with reduced mobility to access their home under equal conditions.
Accessibility Law
In most cases, elevators are of great benefit to people with reduced mobility. In this context, the jurisprudence on the Accessibility Law takes the principle of universal accessibility, emphasizing that the installation of an elevator must prevail, even when there are those who oppose it, as an essential measure to eliminate architectural barriers.
Licenses and permits required
To carry out the installation of an elevator in accordance with urban planning legislation and to make the respective adaptation of the building or property, it is necessary to apply to the government entities for the necessary license and construction permits so that it can be executed.
Although authorisations may vary from one community to another, the most important are the building licence, the activity licence, the permit of the autonomous community, the technical inspection of buildings (ITE) and the authorisation of the community of owners.
Technical regulations in relation to case law on the installation of a lift in a community of owners
Technical Building Code
The case law on the installation of a lift in a community of owners reinforces the importance of complying with technical and legal regulations to guarantee accessibility and safety in buildings. As explained in the Technical Building Code, the minimum measurements to be installed are 1 x 1.25 metres in the event that the lift has a single boarding, i.e. double boarding in 180º, or 140 metres in cases where the device has two doors in the cabin but not facing each other.
On the other hand, the elevator doors must have a minimum width of 0.80 meters to allow wheelchair access, while the space in front of the car must have a minimum measurement of 1.50 meters in diameter to allow the wheelchair to maneuver.
UNE-EN 81 Standards
Compliance with the UNE-EN 81 Standard is mandatory in the installation process of a vertical mobility solution. In this regard, the case law on the installation of a lift in a community of owners emphasises that this makes it possible to prevent accidents and guarantee the safety of owners and residents.
The UNE regulates important technical aspects of the installation of lifts such as the material from which the cabins must be manufactured. As they point out, it must be resistant to fire and wear, providing a safe structure for the people who are going to use it. Likewise, the regulations indicate that the cabins must be well lit and have the correct lighting.
Mandatory periodic inspections (IPOs)
This technical procedure is carried out to check the condition of the elevators. In this regard, the jurisprudence on the installation of an elevator in a community of owners indicates that IPOs should be considered as a crucial measure to verify that elevators operate safely and efficiently.
In this line, it attributes to owners the responsibility of ensuring that this is complied with in order to identify possible failures or wear and, in addition, to ensure that the components of the device work correctly. Not complying with these inspections is contrary to the law since accidents can be triggered that put the lives of users at risk.
The ITE
The Technical Building Inspection (ITE), especially in older buildings, plays an important role, as it helps to evaluate the general condition of the property and detect possible deficiencies that may compromise the safety of the occupants and the stability of the building in general.
Other regulations after the installation of the elevator
Subsequently, regulations that aim to ensure the safety of lifts must also be taken into account, in matters such as inspections or maintenance. The most important in this regard is the AEM 1 Supplementary Technical Instruction or ITC.
Can we help you install a lift in your homeowners' association?
The case law on the installation and maintenance of a lift in a community of owners implies that both the installation and maintenance of the mobility device must be carried out by an expert supplier. In this sense,
Aszende has an experienced team, which complies with the technical and safety regulations in force in Spain and the entire European market.
Thanks to its track record, the company ensures that all its elevator installation and maintenance projects comply with the regulations established by law, guaranteeing user safety and device operability.
In conclusion, the case law on the installation of a lift in a community of owners helps judges to have greater clarity on how to decide in cases relating to legal proceedings that take place due to differences in the installation and use of lifts in residential buildings. Having clear the points discussed above, we will be aligned with the law.
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