A building condominium law 104 : is it always possible?
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Lift restoration : how should the expenses be shared between the condominiums ?

Ascensori esterni disabili

It is not uncommon in our country to enter a vintage lift, considered as according to recent studies conducted by Thyssenkrupp Elevator Italia, a good 40% of the installations located along the peninsula are over 30 years old. If the cabin is kept in good condition and has been built with quality materials, it is almost impossible not to feel a sense of admiration, but otherwise it is inevitable to think that it is certainly not a good business card for the building that the lift is intended to serve. In many cases, therefore, the time has come to start thinking about the restoration of the lift in order to give it back an aesthetic packaging
pleasant and try to adapt it to current regulations. In this case, how should the expenses be shared between the various condominiums?


The regulation of Elevator

The restoration of an elevator cabin usually involves a fairly substantial investment. Precisely this, in the end, is the reason why the various governments have always opposed the requests of the associations that group the companies which deal with lifting equipment to make this intervention mandatory after a certain number of years. An investment such that it always advisable to contact companies that are able to mix an aesthetic level to functional improvement and the energy saving. Naturally all in line with the new regulations, which have set stricter standards than those in force in the past. In particular, when it is decided for the vertical lift system restoration, the legislation to which reference should be made is the so-called Rules elevators, launched in 2017. Since then the works restructuring on a system already exists, for the apportionment of costs must be take account of Article 1124 of the Civil Code , as indeed confirmed by the Supreme Court. In fact, it goes on to establish how the distribution of expenses must concern the totality of the condominiums .

What is says the Court of Cassation?

To emphasize the division of costs between all buildings, as specified in Article 1124 of the Civil Code and was the Court of Cassation in its judgment 14697 issued on July 14 of 2015. The judgment has ribadit or even a v olta as in the eventuality of restoration and conservation of the lift, all the condominiums are required to contribute to the costs. At the same time it must be emphasized that this happens only in the case in which the object of the work is the conservation of the common thing and not the simple maintenance. In this second case, in fact, only the condominiums that benefit from the lift are required to contribute to the expenses that derive from it. A category from which those who live on the ground floor are logically excluded. It is not rare, however, that the condominiums on the ground floor look at the distribution of expenses for the first case in the same way as an injustice. In order to avoid having to contribute to the preservation of the lift, or its restoration, they can however ask the condominium assembly for approval of a resolution that relieves them of the burden. Precisely this , in fact, it is the procedure that allows to overcome the presumption of ownership on a certain part of the building.