Cosa fare se un solo condomino vuole installare l'ascensore

What do you need to do to put an elevator in a condominium?

Although it is now standard equipment for new buildings, there are still many condominium buildings without a lift. Yet, this important work is not just an additional convenience for residents: for many apartment owners it is a real necessity, think of condominiums that are elderly or suffer from health problems. But what to know to put an elevator in a condominium, what are the steps?

Generally speaking, you can find yourself faced with two different situations:

• the installation of a lift for use by all condominiums, or the majority thereof;
• the installation of a lift for a single condominium or, again, a small number of residents.

Installation of the elevator for all condominiums

As already specified, the installation of a lift can take place at the request of all condominiums or, again, only by a single resident. But what are the steps to request it?approval?

Generally, when the installation of the lift concerns all condominiums - or a significant portion of them - the work must be subjected to scrutiny by thecondominium meeting. To do this, the administrator will have to convene the same meeting specifying the agenda and, after presenting the project, put it to the vote. If the project is approved, and does not involve major changes to the common parts of the building, the appointed company will be appointed. If, however, the interventions involve a heavy or extravagant expense, thearticle 1121 of the Civil Code provides not only that condominiums who do not intend to benefit from it are exempt from the expense, but also that the innovation cannot be permitted unless the majority of condominiums who have approved or accepted it fully bear the costs. In any case, before implementation it will always be necessary to verify the safety of the project and compliance with the regulations on architectural barriers.

Elevator installed only by some condominiums

But what happens if the request to install an elevator comes from a single condominium or, again, by a few residents? In this case, the owner may proceed at his own expense, provided that he does not alter the intended use of the common parts of the building and does not prevent others from using them equally, as required by thearticle 1102 of the Civil Code.

As a rule, if the individual's request is to remove architectural barriers, it is not essential to obtain the favorable vote of the assembly, as reiterated by the ruling 19087/2022 of the Court of Cassation. In fact, in this case the elevator:

• it is to be considered in all respects a tool for the elimination of architectural barriers in condominiums;
• therefore, the right of the individual condominium owner to install it cannot be denied.

What majority do you need for an elevator?

But what majority is needed to approve an elevator, in cases that require a meeting vote? As expected by articles 1120 And 1136 of the Civil Code:

• if you want to proceed with the installation to eliminate architectural barriers, you will have to reach the simple majority of those present, provided that they represent at least half the value in thousandths of the building;
• otherwise, the qualified majority of those present, with the achievement of at least one third of the value in thousandths of the condominium.

As already highlighted, for installations requested by individual condominium owners intended to remove architectural barriers, the favorable vote of the assembly is not essential. Even if the assembly were to reject a possible request, opting for a refusal to install the lift, the individual can still proceed at his own expense, based on article 1121 of the Civil Code.

What majority is necessary if the elevator requires cutting stairs?

However, there are exceptions to the majority vote, such as in the case where it is necessary to proceed to cutting stairs or, again, to other very burdensome interventions. As a rule, the lift can be installed externally or internally to the condominium, for example by taking advantage of a common wall, the perimeter wall or the stairwell. The predisposition within the stairwell it is certainly the most widespread, but sometimes it can involve adjustments to the common areas, such as cutting or filing the stairs themselves. This procedure is carried out with special machines which, using diamond tips and in the absence of vibrations, modify the layout of the stairs to create sufficient space for the lift.

In this case, we are faced with an innovation on the common parts which involves significant structural interventions. For this reason, based on the provisions of the articles 1120 and 1136 of the Civil Code, you need to get:

• the favorable vote of the majority of participants in the meeting;
• provided that the participants represent two thirds of the value of the building, therefore equal to 666 thousandths.

As is easy to imagine, the intervention cannot be detrimental the safety and stability of the building and, if the request comes from a single disabled condominium owner or for the purpose of removing architectural barriers, the principle of solidarity of the condominium, so much so that the installation cannot be inhibited.

Having determined how the individual should act for the installation of a lift in a condominium, even for private use, what interventions can be carried out and, above all, who must bear the costs?

Installation rules for private elevators in condominiums

The individual who wants to install a lift for personal use, or a small group of condominiums who decide to use it, must pay attention to some design factors before proceeding with the preparation of the device.

First of all, it is essential to reiterate again that the installation cannot take place to the detriment of the use of the common areas by the other condominiums. Furthermore, again as provided for by article 1120 of the Civil Code:

• it is necessary to preserve the architectural decoration of the condominium, especially if the installation takes place on the external walls of the building, on the main facade or visible from the courtyards;
• as already mentioned, the stability and safety of the building must be guaranteed;
• it is also necessary to respect the right to light and view of all condominiums that could be affected by the passageway of the same elevator, according to the distances established by thearticle 907 of the Civil Code.

Costs for installing a private lift in a condominium

As is easy to imagine, if the installation of the lift is desired by a single condominium owner, the latter will have to take care of all the expense and care costs, therefore of ordinary and extraordinary maintenance of the work. If, however, the preparation is requested by a small group of condominiums, the related costs will be shared among them.

Obviously, condominiums who have not contributed to the installation costs and maintenance costs will not be able to use the lift. Access to the latter, consequently, could be tied to the possession of specific unlock keys. In this case, we are talking more precisely about good susceptible to separate enjoyment, i.e. not available to all residents. 

However, it is necessary to underline that, over time, any other condominium owner - or the same condominium as a whole - can decide to take advantage of the advantages provided by the innovation. In case of ongoing entry, it will be necessary:

• support the relative share of installation costs, divided into thousandths;
• support them ordinary and extraordinary maintenance costs of the work, always with a division into thousandths.

Finally, it is useful to remember that the installation of a lift by a single condominium owner allows access to the deductions required by law for the removal of architectural barriers, equal to 50% for a maximum expenditure of 96,000 euros by 31 December 2024 and 36% during 2025, subject to future changes.