Does anyone know the current policy of installing elevators in old buildings?

Is it legal to install elevators in old buildings?

First, the installation of elevators in existing houses cannot be decided by "more than two thirds of the owners agree", nor can it be decided by "two thirds agree" according to the unit ladder number of the building. The reason for this is the following：

1, the land occupied by the newly-built elevator is the legal * * * property right of all the owners within the construction area, not the * * * property right of the owners of a unit in a building within the construction area. The exclusiveness of real right determines the builder of elevator. Before all the owners who occupy the elevator land (that is, all the owners in the building area) make a decision according to law and go through the procedures for transferring the elevator land according to law, the elevator builder does not enjoy the right to use the elevator land. This is not a decision that can be made with the consent of more than two-thirds of the owners.

2. The installation of elevators in existing houses belongs to newly-built houses, and does not belong to item (6) of Article 76 of People's Republic of China (PRC) Property Law: rebuilding and rebuilding buildings and their ancillary facilities. "More than two thirds of the owners agree" is enough.

3. According to Article 73 of People's Republic of China (PRC) Property Law, the construction land occupied by elevators belongs to all owners within the construction area. According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings, the outer wall of a building and the construction land within the building division belong to all the owners of the building. Most buildings are indispensable facilities to distinguish all buildings from their normal functions, or they exist to ensure the quality of life of all owners in the building area. Therefore, the * * * part of the building belongs to all owners, and it cannot be divided during the ownership of the building. Accordingly, the construction of elevators cannot be decided by "more than two-thirds of the owners agree".

4. According to the definition of new construction and reconstruction of construction projects in Interpretation of Regulations on Quality Management of Construction Projects, the so-called new construction refers to construction projects built on the basis. The so-called reconstruction refers to the reconstruction of the original project to improve production efficiency, improve product quality or change product direction, or improve the use function of the building and change the purpose of use on the original basis without increasing the volume of the building or construction project. When building an elevator in an old building, the elevator shaft needs to be built first, so the elevator shaft that is not reserved but needs to be built outside the original building should be built from the foundation. Elevator shaft does not exist originally, if it is to be built, it will inevitably increase the volume of the building. Therefore, the addition of elevators to old buildings is a new building rather than an improvement, so the provision of "more than two thirds of the owners agree" in Article 76 of People's Republic of China (PRC) Property Law cannot be applied, but the principle of Article 97 of People's Republic of China (PRC) Property Law should be applied. The installation of elevators in existing houses must be approved by * * * and * *.

5. Article 72 of the Property Law of People's Republic of China (PRC) stipulates that the owner shall have rights and undertake obligations for the part other than the exclusive part of the building, and shall not give up his rights without fulfilling his obligations.

In short, the property rights of the minority cannot be decided by voting, and the principle that the minority is subordinate to the majority cannot be used to decide basic rights such as life, property and education.

Second, forcibly getting on the elevator is suspected of breaking the law.

1 article 2 of the building law of People's Republic of China (PRC): the construction activities mentioned in this law refer to the construction of various houses and their ancillary facilities and the installation of supporting lines, pipelines and equipment. This regulation defines the installation of elevators as a construction activity. Article 40 of the Urban and Rural Planning Law of People's Republic of China (PRC): If buildings, structures, roads, pipelines and other projects are to be built in urban and town planning areas, the construction unit or individual shall apply to the planning department of the people's government of the city or county or the people's government of the town determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit, and submit relevant land use documents, construction project design scheme and other materials.

2. Article 13 of the Constitution of People's Republic of China (PRC): Citizens' lawful private property is inviolable. The forced loading of elevators violates the property rights, right of way and right of existence of low-rise residents.

There are laws that are not observed, but elevators must be installed according to local regulations! Where is the jurisprudence? Where is justice?