Introduction to installing elevators in old buildings

In the renovation of old residential areas, the installation of elevators in old buildings is a major content. The government has given special subsidies, and the installation of elevators has been basically smooth. All elevators are installed in various communities, and nearly half of them are installed in some communities. It is undeniable that people's understanding of elevator installation is not completely consistent, and the correct choice is not exactly the same; in particular, the understanding of legal theory is very different, which directly affects the work of adding elevators. It has become a consensus that the legal principles of installing elevators in old buildings should not be confused.

　　1. Is the elevator addition project a reconstruction or a new construction?

　　The definition and classification of reconstruction and new construction are not analyzed here. We can check the regulations of the government and provinces and cities on adding ladders. It is not clear whether adding ladders is a reconstruction project. The actual operation is: the application for new elevators is based on renovation, and the filling procedure of the management statistics certificate form is based on new construction. The planning permit and construction permit for new elevators are filled in separately, and the content has nothing to do with old buildings. This is a typical statistical classification of new construction management.

In the document No. 23 of the State Council (2020) "Guiding Opinions on Comprehensively Promoting the Renovation of Old Urban Communities", the renovation category: to meet the needs of residents for convenience and improvement of life, it mainly includes the renovation and construction of the environment and supporting facilities, energy-saving renovation of community buildings, and installation of elevators in conditional old buildings. The newspaper stated that the "Guiding Opinions" listed elevator installation as a content of community renovation, indicating that elevator installation is a renovation project. According to the definition of the academic community, the five departments of the relevant departments have clearly divided new construction and renovation projects. How can we confuse concepts and words; if according to netizens, the new projects included in the reconstruction of old communities are reconstruction; are many reconstruction projects that are not included in the renovation of old communities newly built?

In short, according to the investigation, no official documents were found to clarify that the installation of elevators is reconstruction.

　　2. Regarding the voting on the installation of elevator groups in accordance with Article 278 (7) of the Civil Code

　　According to the regulations of various provinces and cities on adding elevators, adding elevators is regarded as the renovation and reconstruction of buildings and their ancillary facilities, and double 2/3 and double 3/4 voting devices are used to install elevators. So far, the legal provisions are unclear, and there is no judicial interpretation or legal interpretation, which is indeed inappropriate.

　　Installing elevators in old buildings is a demand application for high-level families. It is something that has not yet been owned, not the original common property rights and common management rights. Why vote on property rights that have not yet been owned; "adding stairs" is a newly added project outside the original building red line. According to the principle of voluntary participation of owners, adding elevators is an application for common property rights and common management rights agreed and participated by owners in their units, and has no significant relationship with owners who oppose and do not participate. Obviously, installing elevators in old buildings is not the same as rebuilding and reconstructing buildings and their ancillary facilities. The common property rights and common management rights of old buildings are inseparable, while the newly installed elevator project is inseparable and voluntary.

      The above is the introduction to the installation of elevators in old buildings.