Practical guide
Installing a lift in a condominium that has none
Installing a lift in a building that has none is one of the most common requests, especially where elderly residents or people with reduced mobility live. It is not simple maintenance but an innovation under Article 1120 of the Italian Civil Code, and as such follows precise rules on majorities, design and costs. The good news is that the law facilitates this kind of work with a reduced majority, because it favours the removal of architectural barriers. Understanding the correct process in advance prevents the resolution from being challenged and lets the condominium manager guide the meeting through an orderly path, from the initial request all the way to testing the installed system.
Why it is an innovation and which majorities apply
A new lift transforms a common part, usually the stairwell or a shaft, adding a service that did not exist before: for this reason it falls among the innovations governed by Article 1120 of the Italian Civil Code and not among simple maintenance works. The owners' meeting must therefore vote with the qualified majority required for innovations, not the ordinary one.
When the installation is aimed at removing architectural barriers, the law provides a reduced majority: the favourable vote of the majority of those present representing at least half the value of the building is enough, that is the quorum of the second paragraph of Article 1136. This facilitation stems from the legislation on the removal of architectural barriers and reflects the legal system's favour towards building accessibility.
- Innovation under Article 1120, not ordinary maintenance
- Reduced majority (Article 1136 second paragraph) for accessibility purposes
- The design must respect stability, safety and the building's appearance
The steps from request to testing
Everything starts with a written request from one or more owners, or from an initiative of the manager who identifies the need. The manager gathers an outline technical design with a cost estimate, checks feasibility against the available common space, and puts the item on the agenda of a meeting specifically convened, clearly stating the subject and the expected cost.
At the meeting the owners approve the installation, the design and the estimate, choose the contractor and set the cost-sharing criterion. After the resolution come the building permits at the municipality, the execution of the works, the testing of the system and its registration, along with the start of the mandatory periodic maintenance contracts required by the regulations on lifting equipment.
How installation costs are allocated
The cost of building the lift from scratch is allocated, absent a different agreement, according to the thousandths (millesimi) of ownership, that is based on the value of each unit. The staircase criterion of Article 1124 does not apply, since it concerns the maintenance and reconstruction of stairs and lifts that already exist, split half by value and half by floor height.
Those who voted against the innovation cannot avoid the cost if the work is useful and is not burdensome or unnecessary in nature. If, however, the system can be used separately and involves a very substantial cost, dissenting owners may ask to be exempted, keeping the right to join later by contributing to the costs. Once installed, maintenance and operating costs usually follow the criterion of Article 1124.
Mistakes to avoid and the manager's role
The most frequent mistake is voting with the wrong majority: using the ordinary quorum for an innovation, or not verifying that the accessibility purpose is properly documented, exposes the resolution to challenge. Another error is approving a generic estimate without a design proving respect for the building's stability and architectural appearance, both essential for the innovation to be lawful.
The manager is responsible for convening the meeting correctly, drafting minutes that record the purpose of the work and the quorum reached, and keeping the design, estimates and resolutions. With software such as AmministraPro the manager can prepare the agenda, manage the minutes and archive all technical documentation in a single traceable place, useful if the resolution is contested. Those wishing to review the available tools can find the details on the /funzioni and /prezzi pages.
Frequently asked questions
Which majority is needed to install a new lift?
If the lift serves to remove architectural barriers, the majority of those present representing at least half the value of the building is enough, that is the quorum of the second paragraph of Article 1136 of the Italian Civil Code. Outside this purpose the qualified majority generally required for innovations under Article 1120 applies.
Do those who voted against still have to pay for the lift?
As a rule yes, because a useful innovation binds all owners. A dissenting owner can ask for exemption only if the work is burdensome or unnecessary and can be used separately, under Article 1121. In that case they keep the right to share in the benefits later by contributing to the costs.
How are the lift installation costs divided?
Absent a different agreement, building from scratch is allocated according to the thousandths of ownership. The mixed criterion by value and floor height of Article 1124 applies instead to the maintenance and reconstruction of stairs and lifts that already exist, not to first installation.
Is a municipal permit needed for a condominium lift?
Yes, the installation requires the building permits set by the municipality and, once the works are finished, the testing and registration of the system. After it enters service, the periodic maintenance and inspection obligations for lifting equipment set by the technical sector rules apply.
Can a single owner install the lift at their own expense?
Yes, if the meeting refuses or fails to act, one or more owners may build the lift at their own expense, respecting the building's stability and appearance, reserving exclusive use until the others ask to use it by contributing to the costs. It is a right connected to the favour for removing architectural barriers.
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