Buying a house is a major event in life, and families with elderly children will choose a building with an elevator or a house with a low floor when buying a house, which can facilitate the travel of the elderly. Nowadays, the elevator in the middle and high-rise residential community is the standard setting, but the old-fashioned multi-storey residence is still dominated by stairs, so a problem has emerged: it is inconvenient for the elderly living on the high floors of the old-fashioned residential area to go up and down the stairs, and it is not easy to go out of the door usually, if you encounter a disability, it is impossible to go downstairs alone.
Therefore, in order to improve the lives of residents of old-fashioned communities and facilitate the convenient travel of the elderly in those buildings without elevators, the state has put forward a policy to benefit the people: to renovate the old buildings, and to install elevators on the floors to facilitate the travel of the elderly owners.
As soon as the news came out, there were a few joys and a few sorrows. What was originally a policy of benefiting the people did not expect to trigger two opposing voices: the residents living on the first floor were resolutely opposed, repeatedly obstructing the installation of the elevator in the community so that the installation of the elevator in the community could not start; the residents living on the upper floor raised their hands in agreement, and they were angry that the residents on the first floor did not agree to sign, and the two sides launched a fierce dispute.
Recently, the citizens of Nanjing went to the government's official website to report and complain, saying that it has been three years since the application for the installation of elevators at No. 116, Rich Road, Qinhuai District, because the first-floor residents have repeatedly obstructed, dead or alive do not agree to install, do not agree to sign, no matter how the upstairs residents negotiate is to refuse, so the project that causes the installation of elevators can not start normally.
Residents on the first floor believe that the addition of elevators seriously affects their own lighting, ventilation, but also affect the normal travel of their families, and they do not need to take the elevator when they live on the first floor, if they want to agree to sign the installation, then the upstairs residents have to make financial compensation for themselves.
However, the upstairs residents believe that the relevant regulations do not clearly state at all: the installation of elevators in the old building requires economic compensation for the owners whose interests are damaged downstairs, so they refused to negotiate compensation.
So the upstairs residents joined forces to go to court to sue the first floor residents, and the two groups of people went to court, so that the project to install an elevator was fruitless for 3 years.
Such a contradiction is not only the case in Nanjing, but also in our local old-fashioned community, and last year there were many neighborhood conflicts because of the problem of "old buildings being renovated and installed elevators".
The factory family building where I am located belongs to this kind of old-fashioned multi-storey residential community, a 7-story house, and now there are advertisements for low-priced houses everywhere in the community, almost all of which are houses between 5-7 floors. Because it is a family building, most of the owners in the community are middle-aged and elderly, the building does not have an elevator, and it is extremely inconvenient for the middle-aged and elderly people living in the upper floor to go up and down the stairs, so they have sold the house to buy a high-rise elevator room in the city.
Originally, our community could also carry out the project of building micro-renovation, but because many residents living on the first floor strongly opposed, it has been impossible to start. At that time, property and community leaders issued notices in the owner group:
After the notice came out, it caused an uproar in an instant, and all the owners who lived on the first floor began to be uneasy and protested in the group:
And those owners who live on the 5th floor are even more reluctant after listening:
Thus, the owner of the first floor said:
Why ask for compensation of 200,000? It is because the owner of the first floor believes that if the elevator is not installed, he can earn 200,000 yuan more after buying a house, once the elevator is installed, the house on the first floor is bound to be affected by the elevator, and his house price will naturally fall, so he asks for compensation for 200,000 house prices.
This request may seem unreasonable, but it is also thought-provoking:
1. Is it illegal for the first floor not to agree to the installation of elevators?
2. Is it reasonable for the first floor to require the upstairs residents to make financial compensation?
3. Does the installation of elevators in old buildings necessarily require the consent of every resident?
Today we will analyze the behavior of both sides from a legal point of view on the topic of "installing elevators in old buildings".
What is the significance of "installing elevators in old buildings"?
For a city, there are new real estate construction every day, and every day there are construction teams tearing down those old buildings, especially like some urban villages, dilapidated houses standing on the side of the city streets, like "plasters" not only affect the overall cityscape, these dilapidated houses may also occupy the "golden geographical location" of the city.
The new house needs to be built, and the old house naturally needs to be torn down. Many people regard demolition as an easy thing, after all, once demolished, the high amount of demolition compensation can make many people realize the dream of "getting rich overnight".
But the things behind the demolition of the house are complex and involve many issues. If the state wants to demolish all those old houses, it needs a considerable amount of demolition fees, and it also has to consider the resettlement of those demolished households, and in the face of the emergence of more and more old houses, the state cannot afford such a high cost.
The new regulations that the state has issued clearly state: "In 2020, the mainland has basically completed the transformation of urban shantytowns, dangerous houses and urban villages." Therefore, the "shed reform" in the city has become history and has begun to change to the "old reform".
The old renovation is aimed at old-fashioned neighborhoods with low density between floors and a wide room structure.
There are many measures for the old reform, such as: adding fitness equipment, children's play facilities, increasing parking spaces in the community and installing elevators.
So, what is the significance of installing elevators in old buildings? It should be to alleviate the "pressure" of the state, which belongs to the national "old reform" policy of benefiting the people, on the basis of not overturning the old house, it can carry out a simple "renovation" of the old house, so that the residents living in the old house can live more comfortably and improve the quality of life of the residents.
For many cities, this policy can be said to be "determined to win", and most regional governments are giving strong support, and will also give certain financial subsidies.
According to the relevant information obtained on the Internet, there are currently more than 20 provinces and municipalities in the country, and the autonomous region has introduced subsidy policies, but because the actual situation in the region is different, the subsidy standards given are also different.
What are the pros and cons of "installing elevators in old buildings"?
What are the pros and cons of installing elevators in old buildings? It can be said that low-rise and high-rise residents are all different opinions, and it is indeed a particularly controversial issue.
Low-rise residents believe that the installation of elevators affects indoor lighting, makes the house unsafe, and will affect the low-rise residential housing prices; while high-rise residents believe that the installation of elevators facilitates travel and can also drive the house prices of high-rise residences.
First, the benefits of installing elevators in old buildings.
1, the biggest advantage is to facilitate the travel of high-rise residents. If the high-rise residents are some elderly people with inconvenient legs and feet, after the elevator is installed, it is naturally convenient for them to go up and down the stairs, especially for some people with physical disabilities, it will be particularly convenient to have an elevator.
2, may lead to the rise of high-rise housing prices. For the old-fashioned community, the house price itself is not high, because the appreciation space of the house itself is not high, most people buy this kind of old house for special purposes, even so many people will not prefer the old house high-rise residence (5 floors or more) when buying a house. The main thing is that it is inconvenient to go up and down the stairs, so the high-rise of the old-fashioned community generally cannot sell for any price, but if the elevator is installed, it is much more convenient to travel, and the house price can naturally be increased.
3, can make the overall appearance of the house renovated. Many old-fashioned communities because of the construction of a relatively long age, the appearance is relatively shabby, such as the peeling of the outer wall, the wall paint discoloration, etc., but if the elevator is installed, the workers will naturally make a general repair to the appearance of the floor, and the whole house will appear more high-end after installing the elevator, and the price of selling the house in the future can naturally be higher.
Second, the disadvantages of installing elevators in old buildings.
1, the reason why many low-rise owners oppose, is because the old building to install elevators this project is not free. Some communities install elevators, the first year may be free to run electricity and maintenance fees, but the second year by the professional maintenance company to be responsible for maintenance, the price is also paid in a per-household apportionment manner.
Even some elevator companies in order to get the owners to agree to sign the installation, in the early publicity deliberately to "free, no money" to mislead the owners, once everyone agrees, then it will change, the elevator can be installed and used for free, but the installation of elevator civil construction, steel structure, glass curtain wall and so on need to charge another fee.
Therefore, for many owners, this apportionment cost is not cheap, and the higher the floor, the more expensive the cost needs to be shared.
2, the installation of elevators on the old house's load-bearing capacity is a severe test. And the installation of elevators outside the building belongs to the later house design, one of the reasons why the residents on the first floor oppose the installation of the elevator is that they are afraid that the house will be "collapsed" by the elevator, after all, the house is old, the internal and external facilities are aging, when installing the external elevator, I don't know if the load-bearing capacity and actual weighing capacity of the building calculated by the construction unit can be consistent? In the event of a safety issue, the safety of the entire building's occupants will be directly threatened.
3, the installation of elevators on the lighting and ventilation of the house will definitely have a certain impact, many people may say: high-rise residences also have elevators Why will not affect the lighting?
At that time, because the high-rise residential elevator was different from this kind of post-installation elevator, the high-rise residential elevator was embedded, and the elevator installed in this old building was not an embedded structure at least in our local city, and it still occupied a large public space in the community from the appearance.
Originally, the lighting and ventilation of the first floor residents were not good, and once installed, it further affected the indoor light. And the elevator will make a lot of noise when it is in operation, and this noise pollution has the greatest impact on the owners of the first floor.
4, the maintenance cost of the elevator in the later stage is not small. There is maintenance for pre-installation and use, but the general shelf life is 1-3 years, and after the shelf life of the maintenance is over, how to maintain the elevator is also a problem. Once a failure occurs in the process of use, causing a risk, who bears this responsibility is another problem.
If there is a problem in the later stage of the elevator, if the property company does not care, the elevator company does not care, then the owners can only cooperate to pay for the outside maintenance company to repair, how to share the cost after this matter is really not easy to deal with.
5, the management of the elevator is also a problem. After the elevator is installed, the first-floor residents will certainly not use it, of course, they do not have to pay for the maintenance of the elevator and other various additional fees, but how can we ensure that no one will secretly use it?
For example, if some couriers or delivery workers, or the owners' relatives and friends want to use the elevator, how should this be managed?
6, the original installation of elevators in the old building is a point of contradiction intensification, even if the elevator is forcibly installed, then the harmonious coexistence between the owners of the whole building in the later period has also been broken, there will definitely be contradictions between each other, and may also cause other unnecessary trouble.
Does the "installation of elevators in old buildings" require the consent of every resident?
"Give me compensation of 200,000, 200,000 cash arrived, I immediately copied the house book, signed and agreed to install", this is the appeal expressed by the owner of the first floor of a building in our community in the group at that time.
Why is this owner on the first floor talking so arrogantly? Mainly because when the community advertised the installation of the elevator, it said that the installation of the elevator needed the signature and consent of all the owners in the entire building to start, that is to say, every resident had "one vote veto power". If a resident does not agree to sign, then the building cannot install an elevator, so the residents on the first floor will be so confident to obstruct.
According to Article 97 of the Mainland Property Law, if a major repair is made to a co-owned real estate, the consent of all the owners of the immovable property is required, and the installation of the elevator is repaired on the basis of the co-owned building, so according to the provisions of the Property Law, the consent of all the co-owners must be obtained.
At the same time, according to Article 4 of the Mainland Property Law, the property rights of the state, collectives and private individuals and the property rights of other right holders shall be protected by law and shall not be infringed upon by any unit or individual.
It is precisely because of the "protection" of laws and regulations that low-rise residents believe that if high-rise residents forcibly implement the installation of elevators, they can defend their rights through the Property Law.
Hearing this, high-rise residents may feel unfair:
According to Article 278 of the Civil Code of the People's Republic of China, the reconstruction and reconstruction of buildings and their ancillary facilities (i.e., the owner's application for the addition of an elevator) shall be voted by the owners who account for more than two-thirds of the exclusive part of the area and the number of owners who account for more than two-thirds, and shall be approved by the owners who participate in the voting of more than three-quarters of the exclusive part of the area and more than three-quarters of the owners who participate in the voting.
Is it reasonable for the first floor to require financial compensation from upstairs occupants?
In May last year, an owner of a community in Beijing's Xicheng District also "lion opened his mouth" because of the installation of elevators in the community, and asked the upstairs residents to give 1 million yuan in compensation, otherwise they would not agree to sign.
It is indeed unrealistic to open the mouth to ask for 1 million compensation, but in the project of installing elevators in the country, this is not an isolated case, and many people have asked for financial compensation like him.
So, can the first floor require the upstairs residents to make financial compensation? Is this requirement reasonable?
In this regard, let me give my personal opinion:
1. First of all, there is no law that clearly states that upstairs residents need to make economic compensation to downstairs residents. Therefore, if some first-floor residents want to "extort a sum" and make excessive demands, this is certainly unreasonable.
2. Secondly, if the upstairs residents are willing to give a little compensation appropriately, it is not impossible, so that the implementation of the project can be promoted as soon as possible. After all, the installation of elevators, for the upstairs residents the house may appreciate, but for the first floor residents this appreciation is not large, in case of selling the house later, it could have sold 500,000, but the other party saw that there was an elevator, directly cut the price to 300,000, for the first floor residents, the installation of the elevator is certainly not worth it.
3, the installation of elevators is a policy to benefit the people, itself is a good thing, but in many communities to become a "roadblock" that affects the feelings between neighbors, it is recommended that everyone still have to communicate, more exchanges, more consultations, more concessions, more from the perspective of the other party to think about the problem, do not change the good policy for their own selfish interests.
epilogue.
All in all, the neighbors who live in the same building usually look up and don't look down, everything is good to discuss, there is no need to be in the Bo Gongtang because of these disputes, and the face is red and the neck is thick.
Each of them took a step back and negotiated well, and they could always come up with a perfect solution.
If it were you, would you agree to install an elevator in the old building?