The installation of an elevator has become mandatory!
Installing an elevator in buildings, is one of the most common debates. Rather, it has been one of the most common topics of debate.
As of December 4, 2017, the installation of elevators in residential buildings has become mandatory. This measure, collected in King Decree 1/2013 of November 29, is designed to ensure the right of universal accessibility in public spaces.
According to the latest INE data, in Spain today there are 10.7 million residential buildings with three or more floors, of which 4 million do not have an elevator. This means that millions of elderly and disabled people face architectural inconveniences in their own homes.
This is undoubtedly a problem that must be eradicated in order to ensure universal accessibility and social inclusion for all residents. Therefore, the decision to install an elevator no longer depends on the vote of the majority of neighbors and this is now regulated by law.
Horizontal Property Law
More details on this decision can be found in Article 10.1. B of the “Horizontal Property Law (LPH)” (in Spanish).
Thus, the right to install an elevator or any other mechanism that facilitates accessibility and movement in residential buildings becomes mandatory. It is no longer necessary for the board of owners to vote on this decision. It is sufficient that the installation of an elevator or handicapped accessibility features is requested by an owner over the age of 70 or any person residing in or caring for a shared living space.
But still, when the installation of an elevator is no longer dependent on the vote of neighbors, it does not mean that it does not cause any debates among the residents. On one side are neighbors who are interested in the installation and vote in favor, and on the other side are those who refuse to install the elevator because of its high cost.
Who pays for the installation of an elevator
Given that adapting a building is mandatory, there are public subsidies to help finance public housing. However, in any case, owners will have to pay the installation and maintenance costs.
Don’t panic! As dictated by the LPH (Horizontal Property Act), the amount that will fall on each owner (after subsidies have been deducted) must not exceed the equivalent of twelve monthly payments of normal utility charges.
What to do if the installation exceeds twelve monthly payments
If the cost of installing an elevator after deducting the government subsidy exceeds twelve monthly payments, it must be presented at a neighborhood meeting and a vote taken. You must receive a majority vote for the installation to be approved.
If an overwhelming majority vote against, the mandatory nature of the installation is still in place. If the neighbors refuse, but the owner who requested the installation of the elevator assumes the cost of the remaining amount, the installation will be carried out. In this case, the remaining neighbors must assume a portion that in no case will exceed the equivalent of 12 monthly payments.
What kind of building adaptation assistance can be granted
Each Autonomous Community in Spain allocates different funds for the adaptation of residential buildings for the installation of an elevator.
Below you can briefly see the different means that can be requested depending on the region in which the property is located (Source: El Confidencial, March 2017):
- Andalucía: has subsidies that cover between 60% and 80% of the total cost, depending on the type.
- Aragon: has 16 million euros available for this type of subsidy, so it is estimated that around 5,000 euros will be distributed to each autonomous community that requests it.
- Asturias: up to 4,000 euros to improve the accessibility of buildings that need it.
- Baleares: direct support is 25% of the protected budget, can be up to 7,100 euros.
- Canary Islands: assistance to owner communities will be up to 1,100 euros per house or a maximum of 10% of the budget.
- Cantabria: grants are regulated according to the promotion program for the rehabilitation of buildings.
- Castilla y León: has the same conditions as the public housing plan.Castilla La Mancha: grants for accessibility improvements can be up to 50% of the total cost.
- Catalonia: subsidies from 25 to 50% of housing adaptations up to 60,000 euros.
- Valencia: has the same conditions as the public housing plan.
- Estremadura: the regional plan contributes up to 40% of the budget (maximum of 4,000 euros). The public plan collects up to 35% with a capital of 11,000 euros.
- La Rioja: the maximum grants to be awarded per building cannot exceed the sum of multiplying 11,000 euros for each house and for every 100 meters of territory.
- Navarra: the maximum grant to be awarded will be 12,000 euros per house.
- Pais Basco: these are grants with a maximum grant loss obtained by multiplying by 15,000 euros the number of houses.
- Madrid: grants to improve accessibility can reach 50% of the total cost.
What to do if there is no space to install an elevator
The vast majority of buildings that do not have an elevator are due to the fact that they have older architecture where the option of installing an elevator was not considered in the planning process. In these cases, it is more than likely that they do not have enough space for this modification. There are various alternatives for dealing with space constraints:
- internal patio is the easiest solution because this space belongs to the community of residents.
- distributing the staircase: in this case, it will be necessary to reduce the size of the staircase to make room for the elevator. This is not always possible because staircases serve as an escape route in case of fire and have to meet certain requirements.
- Extension of stairs
- Expropriation – the separation of a small portion of residential or commercial space from each owner. It is undoubtedly one of the most problematic alternatives.
- installation on the exterior façade – if it is not possible to install the elevator inside the building, it will be necessary to request permission from the city administration to do so on the façade.
New opportunities to make life easier
The lack of an elevator in some buildings is not the only barrier faced by elderly or disabled people. The simple task of going outside “for bread”, becomes a real odyssey when our environment is full of architectural barriers.
Now you can unafraid to buy the top floors for a very competitive price and the next step of your purchase will be the installation of an elevator!
Broadway Consulting can help you apply for an elevator installation, considering all the possible solutions and subtleties depending on you or your future neighbors.