Dismissione lift : can not proceed if its use is necessary for elderly and disabled
It is not uncommon for lifts to disfigure from an aesthetic point of view the building in which they are called to provide their very useful service of vertical movement of things and people. So much so as to finally push the condominiums to request their elimination, just to try to remedy this defect. What happens, however, when the request to dispose of the lift in a building that sees the presence of elderly and disabled people is elevated, which would therefore benefit greatly from their movement from that plant? To clarify the picture with absolute accuracy was the Court of Cassation with a ruling, the 18334, dating back to 2012 and which must always be taken into account in cases of this kind .
The sentence of the Court of Cassation
The condominiums cannot oppose the installation of a plant for the movement of things or people that is expressly requested by an elderly person or a disabled person . Not even if d in such installation should consegu irn and a deterioration in the aesthetic of the building in which it is inserted . Even in the case of a unanimous decision of the condominiums, the disposal of the lift is not allowed, precisely because it would make it impossible to achieve the principle of solidarity which, in any case, the Italian law complies with when it comes to plants that are responsible for removing the architectural barriers. This was affirmed by the Court of Cassation, in the context of a proceeding deriving from the request of some condominiums, which wanted to proceed with the removal of an elevator which, according to them, was detrimental to aesthetics in a liberty style building. Request deriving from the fact that the decision to install the plant, debated in the condominium assembly, had not achieved the necessary unanimity.
The rationale for the decision
What were the reasons that led the judges of Piazza Cavour to rule against the applicants? The principle behind the decision is that in the condominium area the principle of solidarity must apply , the same on the basis of which there is a collective duty to provide for the preventive removal of every possible obstacle to the application of the fundamental rights of people with physical handicaps . Principle on which , moreover , in the legal system of our country general provisions have been introduced to which the construction of private buildings must be conformed , as well as the restructuring of those already existing. All this in order to get to the elimination of architectural barriers ” regardless of the actual use of the buildings by disabled people” .
The importance of socialization
In the motivation of the sentence, the Court of Cassation then proceeded to recall that socialization must be considered an essential element for the health of problematic subjects such as the elderly and disabled . So essential as to be able to come to assume a substantially therapeutic function ” comparable to the same practices of care or rehabilitation” . A sentence issued by the Cassation, which is not much talked about, when dealing with the issue of the disposal of the lift, but which instead should always be kept in mind, precisely in light of the fact that it is going to set an absolutely fundamental point, namely respect for the right to the removal of architectural barriers for people with physical or motor handicaps that prevent them from walking.
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