The law on the installation of elevators in old houses, and the provisions of the law on the install

It is best to go to the original design unit of your building, ask your home whether you have considered adding elevators in the later stage when doing the design, and see if the theme structure is allowed.

I don't remember any specific legal norms, or I don't remember exactly, but the alteration and reconstruction of buildings and their ancillary facilities should be subject to the consent of the owners of the exclusive part accounting for more than two-thirds of the total area of the building and more than two-thirds of the total number of owners.

It's best to let them build exterior wall elevators without affecting your lighting!

There is no law that requires installation, and this matter depends on coordination.

Legal analysis: When an existing dwelling needs to use the common part to add an elevator, or the shape or structure of the common part needs to be changed due to the addition of an elevator, in line with the principles of openness, transparency, full consultation and consideration, according to the relevant provisions of the Civil Code of the People's Republic of China, the consent of the owners of the exclusive part accounting for more than two-thirds of the total area of the building and more than two-thirds of the total number of owners shall be obtained.

Legal basis: Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises or other managers;

5) Use funds for the maintenance of buildings and their ancillary facilities;

6) Raising funds for the maintenance of buildings and their ancillary facilities;

7) Reconstruction and reconstruction of buildings and their ancillary facilities;

8) Changing the use of the common part or using the common part to engage in business activities;

9) Other major matters related to co-ownership and co-management rights.

Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

Summary. The effective methods against the installation of elevators are as follows.

1. Provisions of laws and regulations:

Article 9 of the Administrative Measures for the Addition of Elevators to Existing Residences in Chengdu stipulates that the addition of elevators to existing residences shall first meet the following conditions: meet the safety requirements of building structure and fire protection; It shall be agreed by all owners and residents of the additional elevator unit, and at the same time, it shall be unanimously agreed by the owners of the exclusive part of the housing in the community with an area of more than 2 3 in the total construction area of the community and more than 2 3 in the total number of people in the community; If the addition of elevators affects the rights and interests of adjacent owners such as ventilation, lighting, sunshine, and traffic, the applicant shall reach an agreement with the affected adjacent owners through negotiation;

2. Form a written agreement

All owners and occupants of the additional elevator unit unanimously agreed to enter into a written agreement on the following matters: the budget for the cost of the additional elevator project and its financing plan; Elevator operation, maintenance, repair, inspection and testing, management and other cost sharing scheme; The main body of the elevator user unit is determined; A plan to compensate owners whose interests have been damaged.

3. Coordinate through the neighborhood committee

Coordinate and be fair to the property and neighborhood committees to ensure that their rights and interests are not violated, and they cannot install elevators without permission.

Wait a minute. The effective methods against the installation of elevators are as follows. 1. Provisions of laws and regulations:

Article 9 of the Administrative Measures for the Addition of Elevators to Existing Residences in Chengdu stipulates that the addition of elevators to existing residences shall first meet the following conditions: meet the safety requirements of building structure and fire protection; It shall be agreed by all owners and residents of the additional elevator unit, and at the same time, it shall be unanimously agreed by the owners of the exclusive part of the housing in the community with an area of more than 2 3 in the total construction area of the community and more than 2 3 in the total number of people in the community; If the addition of elevators affects the rights and interests of adjacent owners such as ventilation, lighting, sunshine, and traffic, the applicant shall reach an agreement with the affected adjacent owners through negotiation; 2. Form a written agreement: all owners and residents of the additional elevator unit unanimously agree to reach a written agreement on the following matters:

the budget for the cost of the additional elevator project and its raising plan; Elevator operation, maintenance, repair, inspection and testing, management and other cost sharing scheme; The main body of the elevator user unit is determined; A plan to compensate owners whose interests have been damaged. 3. Coordinate through the neighborhood committee: coordinate and be fair to the property and the neighborhood committee to ensure that their rights and interests are not violated, and they cannot install elevators without permission.

Three households in an old house can be equipped with an external elevator, and the national policy encourages the installation of elevators for old small and high-rise buildings. However, whether it can be installed with an external elevator is subject to the necessary approval procedures. Whether an external elevator can be installed in an old house is a very complex project, and the building needs to be evaluated first.

Will the addition and renovation of elevators have an impact on fire protection zoning, lighting, etc. At the same time, it is also necessary to consider the wishes of the owner of the entire building, how to share the cost, etc. Unlike ordinary old buildings, old neighborhoods often have multiple owners.

Therefore, when installing elevators, it should be based on the wishes of the owners and the actual situation of the residence.

Legal basis: Construction Law of the People's Republic of China

Article 3 Construction activities shall ensure the quality and safety of construction projects and conform to the national safety standards for construction projects.

Article 5 Engaging in construction activities shall abide by laws and regulations, and shall not harm the public interest and the legitimate rights and interests of others. No unit or individual may obstruct or obstruct construction activities carried out in accordance with the law.

Article 6 of the construction administrative departments of the national construction activities to implement unified supervision and management.

1. Sufficient space must be reserved inside the old building to install the elevator, and the fire escape cannot be occupied.

2. If an elevator is installed outside the house, it is also necessary to pay attention to ensure that the building spacing is wide enough, so as not to affect the lighting and ventilation problems.

3. When installing an elevator, it should be installed with the consent of more than 2 3 owners.

Answer: At present, there have been many successful cases of "shared elevators" installed in Beijing, Guangzhou, Nanjing, Kunming, Xiangyang and other cities. It is understood that the cost ratio of the elevator is part of the elevator installation unit, and part of the municipal subsidy, such as the municipal subsidy for the installation of elevators in Beijing is up to 640,000 yuan each, and there are other capital subsidies in each district of this foundation, such as Haidian, Chaoyang, Shijingshan, and the old community in Xicheng to install elevators with subsidies of 60,000 yuan, 160,000 yuan, 160,000 yuan, and 240,000 yuan. The cost of installing elevators in Beijing is roughly about 900,000, that is to say, in the case of large municipal subsidies, elevator installation units can achieve long-term low profit costs and earn benefits.

Secondly, the cost of the elevator is similar to the charging standard of bus and subway, according to the more rides and more pay, less rides and less pay, and no ride and no pay; Tiered billing, with multiple tiers and low tiers. For example, a "shared elevator" in Kunming, there is no cost on the first floor, the building is used for each time, the building is yuan, the building is yuan, the building is yuan, and the annual card is supported for monthly or annual cards, and the annual card does not exceed 800 yuan per year.

Under the new regulations, a 6-storey old residential building with 12 owners only needs 8 owners to participate in the vote, and 6 of them can be installed with the consent of the owners. Compared with the previous 100% agreement of the owners required to install elevators, the conditions required for the installation of elevators have been further relaxed. However, if you change the angle, it is very likely that the owners of 3-6 floors will participate in the vote to agree to install the interests of the owners of the elevator floor can not be guaranteed.

Therefore, in the new regulations, it is also clearly stated that the agreement and preliminary plan for the installation of elevators in old residential buildings shall be publicized in prominent positions such as the unit entrance and community bulletin board of the residential buildings to be installed for ten days, and the publicity period shall expire, and if the directly affected stakeholders do not have written objections to the real-name system, they will be implemented, and if there is a written objection to the real-name system, the parties shall negotiate and deal with them according to the balance of interests, damage to rights and interests, etc., or coordinate and mediate by the business committee and the neighborhood committee. In other words, if the interests of the owners of the layer are damaged, they can still veto it with one vote.

Question: I am in Shanghai community to add elevators, about the consent of the owner, what is the policy on the subsidy for the installation of elevators in the national team, and the property is indiscriminately charged, and there are no channels for complaints and consultations.

Answer: The "Opinions" also clarified a series of supportive policies. In terms of capital subsidies, the housing safety expert demonstration fee shall be borne by the public finance, and 40% of the construction amount of the elevator will be subsidized (up to 280,000 yuan). In terms of withdrawing the provident fund, the owner can apply for the withdrawal of the housing provident fund of himself, his spouse and his direct blood relatives in order to use the construction funds paid by the individual in the installation of elevators.

In terms of supporting projects, electricity, gas, water supply and drainage, communications and other relevant units should open green channels, give priority to the implementation of supporting projects for the installation of elevators, and collect supporting fees on a preferential basis.

The total cost of installing an elevator is about 30-500,000 yuan, and 17 provinces across the country have introduced a subsidy policy for installing elevators, and the subsidy amount for each elevator is concentrated in about 10-250,000 yuan.

If the owners negotiate and agree on the apportionment ratio of joint contribution, the owners who agree to add elevators shall reach a written agreement on the amount of their respective contributions, maintenance and maintenance apportionment, etc. Owners can refer to the following apportionment ratios to agree on the apportionment of capital contribution, maintenance and maintenance costs.

Take the third layer as the parameter 1, the second layer as the first layer as 0, and increase the coefficient for each additional floor from the fourth floor, that is, the fourth layer, the fifth layer, and the sixth floor, and so on. The proportion of capital contribution of each household on the same floor can be determined according to the proportion of the owner's exclusive part to the total area of the building on that floor.

The installation of elevators in old buildings cannot be installed if one household does not agree, and some have to be compensated, is it reasonable?

The elevator room adds convenience to the owner's travel, and the previous old-fashioned house is not equipped with an elevator, but only the owner needs to apply jointly to install the elevator in the old house. So what are the national policies for installing elevators in old houses, and what factors need to be considered in installing elevators in old houses, do you know about it? Now let's take a look.

1. What are the national policies for installing elevators in old houses?

1. Since the home improvement elevator of the old house involves the transformation of the main structure of the house, it requires the consent of the owners of the whole building 2 3 or more, and go to the local housing authority to apply for transformation; 2. Regarding the audit of the installation of elevators, the staff of the housing management bureau need to test the building spacing, lighting and ventilation, consumption spacing and other conditions of the building, and submit it to the relevant line allocation and remaining government orders for approval after approval.

2. What factors need to be considered for the installation of elevators in old houses.

1. Good indoor lighting can bring a comfortable home life, in the original building without elevator, if the elevator is installed, the lighting of the room on the first floor will be reduced, affecting the daily living. Therefore, it is very difficult to get the occupants of the first floor to agree to the installation of the elevator.

2. Because the first floor is the only way for everyone, it means that the elevator stays on the first floor for a lot of time and times, and the elevator will make a louder sound in the process of running, which seriously affects the living experience of the user on the first floor.

3. The old building has been used for a long time, and the external wall structure is very likely to be damaged to a certain extent. At this time, if the elevator is installed, and the first floor belongs to the lowest floor, then the load-bearing needs are greater, and the potential safety hazards have also increased, thereby increasing the threat to the users on the first floor, which is why the users on the first floor are reluctant to install the elevator.

What are the national policies for installing elevators in old houses, and what factors need to be considered in installing elevators in old houses, which are introduced here, do you understand? There is a certain risk in installing elevators in old houses, and it needs to be detected in advance, otherwise it will have a very big impact.