Installing a brand new elevator in an Italian condominium: required majorities
Building an elevator where none existed before requires specific voting majorities, often reduced when the goal is removing architectural barriers. Here is how the resolution works and how costs are split among owners.
Leggi questo articolo in italianoInstalling a brand new elevator in an Italian condominium permanently changes the common parts of the building, which is why the law treats it as an innovation, with more demanding majority requirements than ordinary maintenance. Understanding which majorities are needed and how the costs are then split is essential both for the owner proposing the work and for the manager who has to run the meeting correctly.
Why a brand new elevator counts as an innovation
Unlike replacing or carrying out extraordinary maintenance on an elevator that already exists, building a system where there was never one before involves a structural change to the common parts, creating a shaft, cutting through floor slabs, and often reducing shared spaces such as the stairwell. For this reason, case law and common practice classify the work as an innovation under the Civil Code provisions on changes to common parts, not as an act of ordinary administration.
Ordinary majorities required for innovations
As a general rule, innovations require a qualified majority, both in terms of owners present at the meeting and of the value expressed in ownership shares, higher than what is needed for ordinary maintenance resolutions. This is because an innovation significantly affects how all owners use and enjoy the common parts, and the law wants broad consent before authorizing a permanent transformation of the building.
Reduced majorities for removing architectural barriers
When installing the elevator aims to improve accessibility for people with disabilities or reduced mobility, the rules on removing architectural barriers set reduced majorities, lower than those required for ordinary innovations. This reduction reflects the priority given to the social interest in accessibility and is meant to prevent a small group of dissenting owners from blocking a project that would let a resident with mobility difficulties reach their own home.
Even where the reduced majorities apply, the general limits protecting dissenting owners regarding the architectural appearance of the building and the stability and safety of the common parts still stand, and the work cannot compromise them.
The limit of architectural appearance
A brand new elevator shaft can noticeably affect the exterior appearance of a building, especially when it is attached to the facade or placed in a courtyard visible from the street. Before voting, it is advisable to have the project reviewed by a qualified professional, who can confirm its compatibility with the architectural appearance of the building and, where relevant, with any zoning or landscape restrictions applying to the surrounding area.
Allocating costs among owners
Cost allocation for a brand new elevator follows criteria that differ from those used when replacing an existing system. In general, the split reflects the benefit each unit derives from the new system based on its floor, favoring owners on upper floors over those on the ground floor who gain no direct benefit.
Owners of shops or ground floor units, who typically do not use the elevator to reach their own unit, can be excluded, or nearly excluded, from the installation cost, while remaining liable for their share of any common parts affected by the works, such as the stairwell or the facade, according to the general ownership shares.
Grants and tax incentives
Works aimed at removing architectural barriers, including elevator installation, can benefit from dedicated state tax incentives for this purpose, in addition to any ordinary deductions available for building renovation. The manager and the owner concerned should check the conditions in force at the time of the works, since percentages and requirements can change over time with new budget legislation.
The recommended meeting process
Before the vote, it is useful for the manager to gather a preliminary design, a cost estimate and a technical report on structural feasibility, so the meeting can vote with complete information. A well prepared discussion reduces the risk of later challenges based on inadequate information and helps build broader consent even among owners who were initially skeptical.
Organizing paperwork and documentation with management software
Managing a complex project like installing a brand new elevator, with resolutions, estimates, majorities to verify and customized cost splits among units, becomes much easier with digital tools built for condominium administration. AmministraPro offers dedicated functions for this kind of work, shown on the features page, and provides different plans that can be reviewed in the pricing section to match the needs of any property management firm.
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