How to install an elevator in a condominium

Voting thresholds: when a qualified majority is required

Installing an elevator where none previously existed is classified by case law as an innovation under article 1120 of the Civil Code, because it changes the original purpose of common areas, such as the stairwell or courtyard, to introduce a new service. The general rule for innovations requires a majority of those attending the meeting representing at least half the value of the building.

When the elevator is needed to remove architectural barriers for a disabled resident or someone over 65, article 2 of law 13/1989, referenced directly by article 1120, applies instead: the threshold drops to a majority of those attending representing at least one third of the building's value. If the assembly fails to decide within three months of the written request, the interested owner may install the elevator at their own expense, provided the safety, stability and architectural appearance limits of article 1120 are respected.

• General innovation, no accessibility purpose: majority of attendees representing at least half the building's value
• Removal of architectural barriers under law 13/1989: majority of attendees representing at least one third of the building's value
• No decision within three months: the interested owner may proceed independently at their own expense

The limits of article 1120: what cannot be done

Even with the correct voting threshold, article 1120 sets three hard limits on innovations: common areas cannot be rendered unusable for the use or enjoyment of even a single owner, the stability or safety of the building cannot be compromised, and the architectural appearance of the building cannot be altered. An elevator shaft that excessively narrows the staircase, compromising emergency evacuation, or an external structure that disfigures a historic facade are the typical grounds on which such resolutions get challenged in court.

For this reason, good practice always involves a preliminary technical report, usually signed by an engineer or architect, verifying structural feasibility, compliance with distance requirements and, where applicable, conformity with the UNI 10801 technical standard on panoramic elevators and the safety requirements for lift installations. Bringing a technically vetted project to the assembly significantly reduces the risk of later disputes.

Cost allocation: the article 1124 rule

Once the installation is approved, costs follow the criterion of article 1124 of the Civil Code, originally written for staircases but extended by settled case law to elevators as well: half the expense is allocated in proportion to the value of each unit (ownership shares), and the other half in proportion to each unit's floor height above ground level. Owners on higher floors therefore pay more than their plain ownership share would suggest, because they benefit more from the service.

An owner on the ground floor or in a basement unit who derives no benefit from the elevator can be excluded from contributing to the installation cost, provided they can show there is no benefit at all, even a potential one, such as access to cellars or attics through that stairwell. Ordinary maintenance costs and the energy consumption of an already installed system are a different matter: they follow the specific allocation table approved for the elevator and remain owed by all owners who benefit from it, unless expressly and reasonably excluded in the resolution.

The practical path: from request to resolution

In practice it helps to proceed step by step: first a written request to the property manager stating the purpose, whether accessibility or a general innovation, then an engagement with a technical professional for a feasibility check and a rough cost estimate, and finally convening the assembly with the project, the estimate and the proposed cost allocation under article 1124 on the agenda.

Managing this process in an orderly way, between minutes, thresholds that must be verified precisely and cost shares that must be calculated correctly, is easier with condominium management software such as AmministraPro, which lets you prepare the agenda, automatically calculate the required voting thresholds based on the loaded ownership shares, and generate the cost allocation plan for the assembly, keeping the whole technical and resolution file organized.

Frequently asked questions