courtyard

The elevator is a necessary element in any building, but there was a time when it was not so common. Many old buildings face a problem: they want to install an elevator, but it doesn’t fit in the stairwell. It is not usually common, but there are cases in which installing the elevator involves “eating” part of the homes. The conflict. Our colleagues tell it Xataka Home. Given the lack of space in the common areas, a community of Madrid residents unanimously agreed to install the elevator, occupying part of the private patios of the ground floor homes. One of the two affected homeowners took the case to court, claiming that installation in the stairwell was possible. The judge agreed with him and the community’s decision was annulled, but it didn’t end there. The sentence. The community of neighbors appealed to the Provincial Court, which ended up agreeing with them. The problem with installing the elevator in the common areas is that it did not comply with the regulations, but it also meant causing great damage to the building because the staircase had to be demolished, in addition to blocking access to the homes for a long time. The criterion was based on the general interest of the community and the fact that the installation in the courtyard was much more reasonable from a technical point of view. The private use. In the case of this sentence, the space occupied by the elevator is the private use patio of the first floor. That is, the property belongs to the community, but its use is exclusive to one of the neighbors since access is through their home. As stated in Economist & Juristhe article 9 of the Horizontal Property Law It is clear: “a permanent easement can be built over a private space, without requiring the consent of the affected owner,” as long as it is justified and is of interest to the community. Mandatory installation. The LPH establishes that the elevator is mandatory if a resident requests the facility for accessibility reasons. The community will be obliged to install it and its cost must be borne by all owners. It can also be approved by a simple majority, which prevents the installation from being blocked if, for example, the neighbors on the ground floor or first floor refuse to do so. Sometimes they eat the kitchen. There are many buildings without elevators that do not have space in common areas and, in some cases, their installation requires invading part of the homes or a commercial premisesthat is, a private property. As stated in The Confidentialthe Supreme Court declared that it is “an easement of passage in favor of the community.” Of course, in these cases the owner has the right to compensation, which will be set based on the value of the square meter. Or the street. In Madrid it is quite common to see elevators attached to the façade of the building and that invade part of the sidewalk. This is an exceptional measure to guarantee accessibility to the building, provided there is no other remedy. According to the regulationsthe sidewalk must remain at least 1.8 meters wide, although in some specific cases it is allowed to narrow to 1.5 meters and even 1.20 meters if there are no other options. In this case, the project must be presented to the city council, which is the one who studies and approves whether to grant the planning permission for works. In other communities such as Cantabria, lThe regulations also contemplate this possibility. Image | Laura Sacristán, Xataka In Xataka | What changes does the new Spanish regulations ask to make in elevators before July 1?