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Disability: what does Italian Law 104 provide for the installation of an elevator in a condominium?

Categories that present vulnerabilities must be protected in any context, primarily from a regulatory perspective. For many years now, especially in Italy, the world of elevators has been striving to fill legislative gaps and legislate in favor of people with disabilities, particularly within condominiums. Indeed, within apartment buildings, elevators are essential to allow those with reduced mobility to move comfortably within their own apartments. But specifically, what does the law say regarding the installation of an elevator in the presence of individuals with certified disabilities? What should be done if not all condominium residents agree?

Simple: In Italy, if an individual has a disability certified under Law 104, installing an elevator in the building requires convening a meeting, and at least 50% of the voters present must be in favor. However, if the majority of favorable votes is not reached, or if the matter remains debated but urgent due to obvious reasons, the interested person can address the issue in two different ways:

  • Formally request the elevator installation, exercising their right to eliminate architectural barriers.
  • If more than 3 months have passed since the meeting without a decision, proceed with the installation at their own expense.

Naturally, if the majority is obtained in the assembly, the entire condominium will share the cost based on the division of shares (millesimi). However, if no decision is reached during the assembly, unfortunately, the individual with mobility difficulties will have to bear the expense alone