What law regulates the installation, replacement or improvement of an elevator in a community of owners?
By Law 49/1960, of July 21, amended by Law 8/1999, of April 6, on Horizontal Property, which regulates all neighborly relations between the owners of apartments or premises, whose ownership entails a right of co-ownership for all common elements of a building.
What does the Horizontal Property Law say?
Es/integral-solutions/hydraulic-elevators/" rel="noopener noreferrer">elevator, as a common element, is the property of all, cannot be sold independently nor can it be divided and is subject to a legal regime regarding works and modifications
CONTRADICTORY LEGISLATION
Why are there so many complaints and claims about elevator installation?
The main reason for the discussion is not so much about authorising the installation as about dealing with the financing of the work. The different interpretations that can be made of the Horizontal Property Law and, specifically, of its articles 11 and 17, only aggravate the problems and contribute to the controversy.
Those interested in installing the elevator appeal to article 17, which states that the agreement adopted by 3/5 of the parties "obliges everyone" and everyone must pay for the installation.|| On the other hand, those who oppose the installation of the elevator, and who usually coincide with the owners of the ground floor and first floor apartments, appeal to the lack of need for such installation.
I have been involved in elevator maintenance for quite some time (20 years). I currently require a manual for the GMV hydraulic system to adjust the piston oil output speed. Where can I find it?
You can find this manual in our Online Catalogue , you just need to register at http://catalogo.gmveurolift.es . There you will find the manual and more information that may be useful to you. If you need any other document you can contact us again.
WHAT IS THE AVERAGE WARRANTY PERIOD THAT THE BUILDER AND INSTALLER OF THE HYDRAULIC ELEVATOR GIVES IN A NEIGHBORHOOD COMMUNITY? DOES THE WARRANTY COVER MAINTENANCE DURING THE PERIOD OF ITS VALIDITY?
IS IT NECESSARY TO OPEN THE ROOF SLAB FOR A HYDRAULIC ELEVATOR, EVEN IF IT DOES NOT HAVE A MACHINE ROOM GIVEN ITS TECHNICAL CHARACTERISTICS AND THE ROUTE TO THE TOP FLOOR LEAVES SUFFICIENT CLEARANCE BETWEEN THE TOP OF THE ELEVATOR AND THE CEILING?
We are sorry we cannot help you much, as we do not deal with these issues.
In any case, we will try to give you the most accurate answer possible: as far as we know, the method of payment of community fees must be established at the meeting of the community of neighbours and must be recorded in the community minutes book. You should also consult the President of your community. If it is a new community, it is the community itself that has to establish the method of payment and record it in the minutes book.
We hope we have helped you even though this is not our field. Greetings!
Good morning to you all. I would like to see if you can send me a catalogue and manual for the assembly of a 4-story hydraulic elevator and a traction passenger elevator. I thank you in advance. Have a nice afternoon.
You can find all this type of information in the Online Product Catalogue , which you can access for free (you only need to register) . On the other hand, if you wish, you can also contact us by phone at 902345234 / +34 937745455 or +34 937745235.
We hope you find the documentation you need. Greetings!
Hello, I live in a small community of 6 houses and two of them need the installation of a lift or elevator because people with reduced mobility and disabilities live there. We have considered the possibility of installing a lift, but as the community is so small the maintenance costs are very high. That is why we are thinking about installing a lift, since it will be used minimally, only those two people and the occasional other neighbour. In addition, one of the properties is empty most months of the year.
The problem comes when it comes to insuring the mechanism, since the insurance company we asked says that it is not legal to install elevators in a community of neighbors and therefore does not want to insure us if we install one.
I live in Castilla La Mancha and I would like to know if it is legal to install an elevator in my neighborhood community, especially considering the disability situation of two of its neighbors, in order to know whether or not I can take out insurance that will cover us in case of an accident.
The European standard that governs the construction and installation of elevators is UNE-EN 81-41:2011, and refers to vertical lifting platforms for use by people with reduced mobility.
This regulation only allows the installation of lifts for private use, i.e. in single-family homes, chalets, etc. This is because the regulation requires that a physical person assume responsibility for the installation. However, EN 81-41 also provides for the installation of lifts in buildings for public use (for example, museums or residential communities), but in this case the regulation also requires that their use be restricted either by means of a key or other similar devices.
In any case, the obligation to comply with EN 81-41 depends on each Autonomous Community, for example in Catalonia it is mandatory. You should check if it is also mandatory in Castilla La Mancha. If it is, you could ask your lift operator if there is any solution to restrict the use of the lift.
Thank you very much!!! I will look into this and try to find a solution, because it is very sad not to be able to live in your own house because of absurd laws.
I have been living in a rental building for 5 years on the eighth floor and the elevator has been damaged for over a year and the administration has not done anything to fix it. I can't take it anymore. What can I do? Please, I need help.
Hello, In our community the elevator has been giving us many problems, until it collapsed. Yes, the pulley broke and it fell, the safety equipment was activated and it stopped as it fell, luckily no one was inside, where and how can we file a complaint against the maintenance company for not detecting this anomaly and threatening our safety? Thank you.
Hello, We are a small community of 6 owners and 3 do not pay the community fee, only three of us are paying and my question is: How can I find out the law that governs elevator maintenance? It turns out that the company in charge tells us that we are obliged to pay for maintenance every month. We want them to come one month, yes, another month, is that possible and legal? Thank you Teresa
A single-family home with a lifting platform for people with reduced mobility has been divided into several homes governed by the horizontal property law. My question is whether we can keep the elevator as such or if we should remove it if the majority of neighbors want it that way. Thank you
This is a legal issue, so you should seek advice from a lawyer on this matter. GMV Eurolift, as manufacturers, can only inform you about the regulations governing this type of installation:
The European standard that governs the construction and installation of elevators is UNE-EN 81-41:2011, and refers to vertical lifting platforms for use by people with reduced mobility.
This regulation only allows the installation of lifts for private use, i.e. in single-family homes, chalets, etc. This is because the regulation requires that a physical person assume responsibility for the installation. However, EN 81-41 also provides for the installation of lifts in buildings for public use (for example, museums or residential communities), but in this case the regulation also requires that their use be restricted either by means of a key or other similar devices.
In any case, the obligation to comply with EN 81-41 depends on each Autonomous Community, for example in Catalonia it is mandatory.
You should check whether this is also the case in Castilla La Mancha. If this is the case, you could ask your lift operator if there is any solution to restrict the use of the lift.
Hello, in my community we installed an elevator with a 75% subsidy from the Junta de Andalucia and 25% paid by the rest of the community members. The work was finished 2 years ago. The elevator in question was installed in an interior patio inside a metal and glass structure. Well, to summarise, after this time, the metal structure has very rusty areas, especially on the outside on the roof, and it also has some water leaks. The construction company does not help us, and the company that installed the elevator says it is not their problem. Where should we go to report these incidents? What documentation do we have to present?
Hello! Is there a law that prohibits a minor from using an elevator without the company of an adult? And if so, until what age can they not use it? Thank you and best regards 😉
I live in a community where they want to install an elevator and I don't want to, since not only am I not going to use it since I live on the 1st floor, but they also want to put the elevator in the light well, which has two windows and therefore they are going to wall them up, is this legal?
Hello, in our case the elevator is already installed, the block is starting to be inhabited, and our doubt is whether it is obligatory to put it into operation. The two of us on the second floor agree to put it in, but we don't know if the rest of the neighbors will refuse to put it in. We await answers. Best regards.
First of all, we at GMV Eurolift SA would like to thank you for the initiative you have had in contacting us to find a solution to your problem,
We have analysed your query and, as lift manufacturers, we cannot help you, as this is not a question of lift regulations, but rather a legal problem in your case. Our advice is to put yourself in the hands of an expert.
Hello, good morning. I would like to know the following: where can I report the lack of telephone lines that are necessary for the elevators to be connected (with a telephone line to the outside) in case of emergencies, since I have been told by the elevator installation and maintenance company itself that we are in violation, and in the event of an inspection of the property, the elevator company will be fined, consequently they will cut off our service... I want to make the complaint because neither the administrator, nor the president, nor the vice-president of the community ignore our requests, and I do not want to go through the bad moment of being locked inside one of them due to life's circumstances. I would appreciate a prompt response, by the way, I live in Valencia Capital. Greetings, and thank you very much!!!
First of all, we would like to thank you for contacting GMV Eurolift SA with your enquiry. Unfortunately, we are sellers of lift components, and for legal matters we recommend that you consult a lawyer. In response to your enquiry, we inform you that in 2013 Royal Decree 88/2013 was published, which provides information on the safety rules applicable to lifts. In section 3, point 5, the responsibilities in matters of maintenance are detailed. In each autonomous community, it is transposed into a standard that is not always the same. In the case of the Valencian community, we do not know how it has been transposed. It must be said that this Royal Decree only provides information on responsibilities, in no case does it indicate how to file a complaint. In any case, as we have indicated previously, in this case, we recommend that you consult a lawyer. Greetings,
Hello, we have had hosting elevators installed for 4 years, and the supplier who has also been doing the maintenance since then has informed us that one of the elevators was damaged due to the use of the traction cable and we have to change the entire cable (approximately 600 meters) and that the neighbors have to pay for it. Is it normal for these cables to wear out so prematurely? And even more so if the suppliers themselves have done the maintenance?
First of all, we would like to thank you for taking us into account when resolving your query. Our company does not have the hosting elevator model that you mentioned in your comment, but the cables of a hydraulic elevator, which is the one we work with, practically never have to be changed because they are not traction-driven.
Hello, good morning. I am the president of the community and we have a problem with the elevator. The door closing sensors do not work and I have made a warranty claim and the manufacturer tells me: "The elevator has a one-year warranty from the time it is put into operation. This elevator was put into operation on 15.04.2013." Is this true? I understand that the warranty is 2 years. And the door sensors on any floor do not work (the sensors are on the doors of each floor)
Good morning Manuel, according to the date you indicated that the lift was put into operation, 15/04/2013, more than two years have already passed, so the guarantee has effectively expired. If you continue to have the problem, our advice is that you contact the lift company that is carrying out the maintenance of the installation.
Hello. My question: we are a building with 4 apartments and we want to install an elevator. The city council has refused us a major work permit because an illegal act was committed on the ground floor (already prescribed, because the last 5 meters at the back of the building have been built, currently the urban planning does not allow it)…this has no impact on where the elevator is to be placed…how can I argue that mobility is more important and that all the neighbors want to install it…thank you very much
Hello Maria Jesus, First of all, we would like to thank you for taking us into account when resolving your query. As a lift manufacturing company, we cannot help you with your query. In this case, we advise you to seek legal advice. Greetings,
47 comments
I have been involved in elevator maintenance for quite some time (20 years).
I currently require a manual for the GMV hydraulic system to adjust the piston oil output speed. Where can I find it?
Thank you,
Miguel Luza.
Hello Miguel,
You can find this manual in our Online Catalogue , you just need to register at http://catalogo.gmveurolift.es . There you will find the manual and more information that may be useful to you. If you need any other document you can contact us again.
Greetings,
WHAT IS THE AVERAGE WARRANTY PERIOD THAT THE BUILDER AND INSTALLER OF THE HYDRAULIC ELEVATOR GIVES IN A NEIGHBORHOOD COMMUNITY?
DOES THE WARRANTY COVER MAINTENANCE DURING THE PERIOD OF ITS VALIDITY?
Hello Raul,
They usually give a 2-year warranty, but without covering maintenance.
Greetings!
IS IT NECESSARY TO OPEN THE ROOF SLAB FOR A HYDRAULIC ELEVATOR, EVEN IF IT DOES NOT HAVE A MACHINE ROOM GIVEN ITS TECHNICAL CHARACTERISTICS AND THE ROUTE TO THE TOP FLOOR LEAVES SUFFICIENT CLEARANCE BETWEEN THE TOP OF THE ELEVATOR AND THE CEILING?
Good afternoon Raul,
With a height of 3 metres between the floor of the top floor and the ceiling of the space, it is not necessary to raise the slab.
We hope this answer helps you.
Greetings,
The general expenses of the community are paid in equal parts or according to
the surface coefficient.
Hi Jose Antonio,
We are sorry we cannot help you much, as we do not deal with these issues.
In any case, we will try to give you the most accurate answer possible: as far as we know, the method of payment of community fees must be established at the meeting of the community of neighbours and must be recorded in the community minutes book. You should also consult the President of your community. If it is a new community, it is the community itself that has to establish the method of payment and record it in the minutes book.
We hope we have helped you even though this is not our field.
Greetings!
Good morning to you all. I would like to see if you can send me a catalogue and manual for the assembly of a 4-story hydraulic elevator and a traction passenger elevator. I thank you in advance. Have a nice afternoon.
Good afternoon Alejandro,
You can find all this type of information in the Online Product Catalogue , which you can access for free (you only need to register) . On the other hand, if you wish, you can also contact us by phone at 902345234 / +34 937745455 or +34 937745235.
We hope you find the documentation you need.
Greetings!
Hello, I live in a small community of 6 houses and two of them need the installation of a lift or elevator because people with reduced mobility and disabilities live there. We have considered the possibility of installing a lift, but as the community is so small the maintenance costs are very high. That is why we are thinking about installing a lift, since it will be used minimally, only those two people and the occasional other neighbour. In addition, one of the properties is empty most months of the year.
The problem comes when it comes to insuring the mechanism, since the insurance company we asked says that it is not legal to install elevators in a community of neighbors and therefore does not want to insure us if we install one.
I live in Castilla La Mancha and I would like to know if it is legal to install an elevator in my neighborhood community, especially considering the disability situation of two of its neighbors, in order to know whether or not I can take out insurance that will cover us in case of an accident.
Thank you.
Good afternoon Alberto,
The European standard that governs the construction and installation of elevators is UNE-EN 81-41:2011, and refers to vertical lifting platforms for use by people with reduced mobility.
This regulation only allows the installation of lifts for private use, i.e. in single-family homes, chalets, etc. This is because the regulation requires that a physical person assume responsibility for the installation. However, EN 81-41 also provides for the installation of lifts in buildings for public use (for example, museums or residential communities), but in this case the regulation also requires that their use be restricted either by means of a key or other similar devices.
In any case, the obligation to comply with EN 81-41 depends on each Autonomous Community, for example in Catalonia it is mandatory. You should check if it is also mandatory in Castilla La Mancha. If it is, you could ask your lift operator if there is any solution to restrict the use of the lift.
We hope we have been able to help you.
Greetings!
Thank you very much!!! I will look into this and try to find a solution, because it is very sad not to be able to live in your own house because of absurd laws.
I have been living in a rental building for 5 years on the eighth floor and the elevator has been damaged for over a year and the administration has not done anything to fix it. I can't take it anymore. What can I do? Please, I need help.
Hello, In our community the elevator has been giving us many problems, until it collapsed. Yes, the pulley broke and it fell, the safety equipment was activated and it stopped as it fell, luckily no one was inside, where and how can we file a complaint against the maintenance company for not detecting this anomaly and threatening our safety? Thank you.
Hello,
We are a small community of 6 owners and 3 do not pay the community fee, only three of us are paying and my question is:
How can I find out the law that governs elevator maintenance? It turns out that the company in charge tells us that we are obliged to pay for maintenance every month.
We want them to come one month, yes, another month, is that possible and legal?
Thank you
Teresa
A single-family home with a lifting platform for people with reduced mobility has been divided into several homes governed by the horizontal property law.
My question is whether we can keep the elevator as such or if we should remove it if the majority of neighbors want it that way.
Thank you
Good morning,
This is a legal issue, so you should seek advice from a lawyer on this matter. GMV Eurolift, as manufacturers, can only inform you about the regulations governing this type of installation:
The European standard that governs the construction and installation of elevators is UNE-EN 81-41:2011, and refers to vertical lifting platforms for use by people with reduced mobility.
This regulation only allows the installation of lifts for private use, i.e. in single-family homes, chalets, etc. This is because the regulation requires that a physical person assume responsibility for the installation. However, EN 81-41 also provides for the installation of lifts in buildings for public use (for example, museums or residential communities), but in this case the regulation also requires that their use be restricted either by means of a key or other similar devices.
In any case, the obligation to comply with EN 81-41 depends on each Autonomous Community, for example in Catalonia it is mandatory.
You should check whether this is also the case in Castilla La Mancha. If this is the case, you could ask your lift operator if there is any solution to restrict the use of the lift.
Greetings,
Hello, in my community we installed an elevator with a 75% subsidy from the Junta de Andalucia and 25% paid by the rest of the community members. The work was finished 2 years ago. The elevator in question was installed in an interior patio inside a metal and glass structure. Well, to summarise, after this time, the metal structure has very rusty areas, especially on the outside on the roof, and it also has some water leaks.
The construction company does not help us, and the company that installed the elevator says it is not their problem.
Where should we go to report these incidents?
What documentation do we have to present?
THANK YOU
Hello Manuel!
We appreciate your interest and visit to our blog.
Your query concerns a legal matter, so our advice is that you should seek the advice of a lawyer in this regard,
GMV Eurolift, as manufacturers, can only inform you about the regulations governing this type of installation.
You can check it out in some of the previous blog comments.
Thank you so much!
Hello! Is there a law that prohibits a minor from using an elevator without the company of an adult? And if so, until what age can they not use it? Thank you and best regards 😉
How are participation quotas established in a cattle community?
I live in a community where they want to install an elevator and I don't want to, since not only am I not going to use it since I live on the 1st floor, but they also want to put the elevator in the light well, which has two windows and therefore they are going to wall them up, is this legal?
Hello, in our case the elevator is already installed, the block is starting to be inhabited, and our doubt is whether it is obligatory to put it into operation. The two of us on the second floor agree to put it in, but we don't know if the rest of the neighbors will refuse to put it in. We await answers. Best regards.
Good morning,
First of all, we at GMV Eurolift SA would like to thank you for the initiative you have had in contacting us to find a solution to your problem,
We have analysed your query and, as lift manufacturers, we cannot help you, as this is not a question of lift regulations, but rather a legal problem in your case. Our advice is to put yourself in the hands of an expert.
Receive a cordial greeting,
Greetings,
Hello, good morning. I would like to know the following: where can I report the lack of telephone lines that are necessary for the elevators to be connected (with a telephone line to the outside) in case of emergencies, since I have been told by the elevator installation and maintenance company itself that we are in violation, and in the event of an inspection of the property, the elevator company will be fined, consequently they will cut off our service...
I want to make the complaint because neither the administrator, nor the president, nor the vice-president of the community ignore our requests, and I do not want to go through the bad moment of being locked inside one of them due to life's circumstances.
I would appreciate a prompt response, by the way, I live in Valencia Capital.
Greetings, and thank you very much!!!
Good morning,
First of all, we would like to thank you for contacting GMV Eurolift SA with your enquiry. Unfortunately, we are sellers of lift components, and for legal matters we recommend that you consult a lawyer. In response to your enquiry, we inform you that in 2013 Royal Decree 88/2013 was published, which provides information on the safety rules applicable to lifts. In section 3, point 5, the responsibilities in matters of maintenance are detailed. In each autonomous community, it is transposed into a standard that is not always the same. In the case of the Valencian community, we do not know how it has been transposed. It must be said that this Royal Decree only provides information on responsibilities, in no case does it indicate how to file a complaint. In any case, as we have indicated previously, in this case, we recommend that you consult a lawyer.
Greetings,
Hello good.
With the new law, is it mandatory to replace an old elevator that has already had a double door fitted?
greetings
PS: I'm pasting a link to give you an idea of the elevator I'm talking about.
http://4.bp.blogspot.com/-qQnosTaeaog/UV6WmB8xs3I/AAAAAAAAAKI/1FV4Pi0FuPo/s1600/IMG-20130404-WA0009.jpg
Hello, we have had hosting elevators installed for 4 years, and the supplier who has also been doing the maintenance since then has informed us that one of the elevators was damaged due to the use of the traction cable and we have to change the entire cable (approximately 600 meters) and that the neighbors have to pay for it. Is it normal for these cables to wear out so prematurely? And even more so if the suppliers themselves have done the maintenance?
First of all, we would like to thank you for taking us into account when resolving your query. Our company does not have the hosting elevator model that you mentioned in your comment, but the cables of a hydraulic elevator, which is the one we work with, practically never have to be changed because they are not traction-driven.
Greetings,
Hello, good morning. I am the president of the community and we have a problem with the elevator. The door closing sensors do not work and I have made a warranty claim and the manufacturer tells me: "The elevator has a one-year warranty from the time it is put into operation. This elevator was put into operation on 15.04.2013."
Is this true? I understand that the warranty is 2 years. And the door sensors on any floor do not work (the sensors are on the doors of each floor)
Good morning Manuel, according to the date you indicated that the lift was put into operation, 15/04/2013, more than two years have already passed, so the guarantee has effectively expired. If you continue to have the problem, our advice is that you contact the lift company that is carrying out the maintenance of the installation.
Hello. My question: we are a building with 4 apartments and we want to install an elevator. The city council has refused us a major work permit because an illegal act was committed on the ground floor (already prescribed, because the last 5 meters at the back of the building have been built, currently the urban planning does not allow it)…this has no impact on where the elevator is to be placed…how can I argue that mobility is more important and that all the neighbors want to install it…thank you very much
Hello Maria Jesus,
First of all, we would like to thank you for taking us into account when resolving your query. As a lift manufacturing company, we cannot help you with your query. In this case, we advise you to seek legal advice.
Greetings,