If neighbours in the shared residential building you own in Spain want to install an elevator, do you still have to pay for the costs if your flat is on the ground floor? Here’s what Spanish law says.
Ground floor flats, or bajos as they’re called in Spanish, are very common in Spain as most people live in apartment buildings, particularly in towns and cities.
In some places they can be seen as undesirable because of security or noise issues, but they’re generally cheaper than other apartments and have many advantages. Away from noisy areas or places where break-ins are common, people like them because they’re convenient.
READ ALSO: What to know about community of neighbours’ meetings in Spain
Advertisement
If you have babies or small children, getting up and down stairs or in and out of small lifts with pushchairs can be a challenge. Ground floor flats are also good for the elderly or those with mobility issues.
So, what happens when you live in a piso bajo (ground floor apartment) in a building that whose residents want to install a lift? Are you expected to help pay for it even though you won’t be using it?
Luckily, it’s not just a case of arguing it out with your neighbours, because in Spain there’s actually a law that covers that issue.
Article 10 of the Horizontal Property Law states that there are two situations in which it would be mandatory to install an elevator in a building without prior agreement from all the neighbours. In these cases, it would typically be paid for through the community fees which everyone in the buildings pays every month.
This is case when it is required by owners whose home or premises are inhabited, worked in, or volunteered in by people with disabilities or over 70 years of age. It will also be a requirement for new buildings with more than three floors above ground level, except in single-family homes.
READ ALSO – Q&A: What to know about paying your ‘comunidad’ building fees in Spain
Advertisement
When a building wants to install a lift and neither of these situations exist, then it’s up to the neighbours to come to an agreement. It could be quite possible that everyone in the building agrees that those on the ground floor don’t have to pay for it. They would also be then prohibited from using it.
This is also the case when the ground floor is occupied by a commercial space such as a shop or a café for example as they will have separate entrances.
It could also be possible, however, that the majority don’t agree that those on the lower floors don’t pay. In this case, the installation cost would be shared by everyone equally. This could happen if you have a shared roof terrace for example because you could use the elevator to access it, even if you don’t need it to access your home.
If this is happens, then you would also likely be contributing to the maintenance and electricity bills for the elevator through your community fees.
Advertisement
In certain situations though, there may be something written in the deeds about the installation of lifts in your building. For example, it could say that the residents have all agreed to never install a lift in that particular building because there may not be enough space or it would be too expensive due to the small number of apartments etc.
If you see this in your deeds when you buy a ground floor property then you don’t have to worry about potentially having to pay for a lift you won’t use in future.
It’s also good to be aware that in 2024 a new regulation came into force that said that those buildings with older lifts that don’t meet new safety standards will have to be replaced. In this situation, you may also have to pay for a new lift, even if you live on the ground floor, depending on what your community of neighbours decides.
