Elevator laws changing in apartment buildings

It was announced across news platforms that elevator laws are changing in apartment buildings as stated in a new bill being presented by the Ministry of Environment and Energy.

Under the existing law, many apartment buildings faced problems when getting approval for elevator installation.

The proposed law changing will allow a decision to be made with a majority of 51% of the owners’ votes, instead of the previous requirement of complete unanimity.

Laws changing

The bill states that:

• In legally existing buildings that do not have an elevator and at the time of their construction the construction of an elevator was not mandatory, it is allowed, notwithstanding the provisions of this and the special building conditions of the area, the construction of an elevator or other mechanical means to cover differences in height and access to them, with the necessary condition of the preparation or updating of the Building Identity Card. For listed buildings and traditional settlements, the consent of the Council of Architecture is required.
• Where the adaptation of the building is mandatory, if the construction of an elevator or other mechanical means of covering differences in height and access to them is required, the construction thereof shall be mandatory without the consent of the majority of the co-owners at the expense of the obligated part or parties, notwithstanding any provision or regulation, including the Building Regulations.
• If the adaptation of the building is not mandatory, the construction of an elevator is possible without the consent of the majority of the co-owners, by decision of the Central Accessibility Committee issued upon request of the interested party, which is accompanied by a proven invitation to the other co-owners to express their views to the Central Accessibility Committee.
• Accordingly, in legally existing residential buildings that do not ensure accessibility for people with disabilities and reduced mobility, it is permitted, by way of derogation from any provision and regulation, including the Apartment Building Regulation, to install a device (ramp or elevator) that ensures access for these people from the pavement to the external common areas, as well as to the other internal common areas of the ground floor and the other floors above and below it, provided that they reside as owners or tenants in the above buildings, with the necessary condition of ensuring the safety of the users, the preparation or updating of the Building Identity and the coverage of the construction costs by the interested persons.
• The installation of an elevator to cover elevation differences in favor of one floor is done based on a technical study and, in terms of dimensioning, follows the technical instructions for adapting existing buildings and infrastructures, while in terms of the installation, licensing and maintenance process, the same applies as for elevators and requires minutes of the General Assembly of the apartment building with a majority of 51% of the total votes.