Lift costs: who pays, owner or tenant

For lift costs the rule is simple in logic but tricky in application: installing and replacing the system falls on the owner, while operation and minor ordinary maintenance may be charged to the tenant. Among the owners the allocation follows Article 1124 of the Italian Civil Code, half by thousandths (millesimi) and half by floor height. Correctly classifying the items is the key to getting the charges right. Let us look at each case.

The lift is common property

The lift is among the common property indicated by Article 1117 of the Italian Civil Code when it serves several units. The related costs are therefore split among the owners served, with the important exception of units that draw no benefit from it, for example ground-floor premises with independent access, which may be exempted under the principle of use recalled by Article 1123, third paragraph.

New installation: who pays

Installing a lift where there was none before is, as a rule, an innovation under Article 1120 of the Italian Civil Code, which favours it when aimed at removing architectural barriers. The cost of the first installation falls on the owners, not the tenants, because it increases the value of the property. Those who do not take part in the initial expense may later be required to contribute if they decide to use the system, under the principles of Article 1121 on burdensome or optional innovations.

Operation and maintenance: the two categories

Once in operation, the lift generates two types of cost that follow different rules:

• operating costs: electricity, mandatory periodic inspections, checks, minor ordinary maintenance and cleaning of the cabin;
• extraordinary maintenance and replacement costs: overhauling the motor, replacing the cables, modernising the control panel, upgrading to new safety standards.

The distinction is decisive because it affects both the meeting majorities and the split between owner and tenant when the unit is rented out.

Allocation among owners under Article 1124

Both the maintenance and the operation of the lift are allocated, according to settled practice, using the Article 1124 criterion: half of the cost by thousandths of ownership and half in proportion to the height of each floor above the ground. Those living higher up use the system more and pay more. Some pure consumption costs, such as electricity, may be allocated by the meeting also using criteria linked to actual use, if resolved and recorded in the minutes.

Who pays: owner or tenant

In the lease relationship, the split between ordinary and extraordinary charges follows the rules of rentals. In concrete terms, for the lift:

• operating costs, such as electricity, inspections and minor maintenance, fall on the tenant as accessory charges;
• installation, replacement of the system and extraordinary maintenance remain with the owner;
• towards the condominium the party liable for payment is always the owner, who then recovers the operating share from the tenant according to the contract.

This split between ordinary and extraordinary is the one commonly adopted also in the accessory charge tables used in rental practice.

Mandatory safety upgrades

Upgrade work imposed by safety rules on lifting systems is extraordinary in nature and remains with the owner, not the tenant. Even when the meeting makes it mandatory by resolution, the financial burden follows the extraordinary nature of the work. The manager should document in the minutes the reason for the upgrade and the quote, for full traceability towards all owners.

How to manage the charges correctly

The practical difficulty lies in separating, within the lift budget, operating items from extraordinary ones and in applying the Article 1124 formula. With AmministraPro the manager sets up the lift table with thousandths and floor heights, classifies each invoice as ordinary or extraordinary and automatically generates the shares for the owner and the use portion attributable to the tenant. To see how tables and common expenses are managed review /funzioni and assess the plans on /prezzi.