What are the advantages and disadvantages of adding elevators to multi-storey houses?

Discussion on the advantages and disadvantages of installing new elevators in our unit and related legal issues

Dear owners,

In this unit, the owner suggested installing a new elevator. Because the initial investment of newly installed elevators needs about 500,000 yuan (now the government may subsidize 200,000 yuan), not including the later operating expenses, maintenance fees, insurance fees, overhaul fees and other expenses. The service life of each elevator is generally 15 years. If it is a well-known brand such as Siemens Elevator, it can be well maintained for 20 years. If you continue to use it in the future, you will incur the cost of upgrading the elevator equipment.

Because this investment is a relatively important investment project, involving the legitimate rights and interests of every owner, I hope every owner can rationally and comprehensively consider the legal issues and advantages and disadvantages related to this project, so as not to cause losses due to thoughtlessness and affect the original harmonious owner relationship.

First, the basic situation of this unit

This unit is 1 and was built in 1998. It is a brick-concrete precast slab structure, not a reinforced concrete structure after 200 1. The building is seven stories high and has *** 14 households. The structure of each house is the living room, bathroom and bathroom in the middle. There is insufficient lighting and ventilation in the living room, and there is no direct ventilation window in the bathroom and washroom.

Second, the advantages of installing a new elevator

The advantage of installing a new elevator is that high-rise residents with more than 4 floors can go upstairs and downstairs conveniently, especially those with 6 or 7 floors.

Third, the shortcomings of installing new elevators.

There is only one fire escape in this unit building, and there are pipes such as tap water, electricity, natural gas and sewage under the open space in front. If a new elevator is installed in front, it will affect the fire escape and change the underground pipeline, so only the elevator can be installed in the back.

Installing an elevator at the rear has the following disadvantages and safety risks:

(a), seriously affect the lighting and ventilation of the living room.

The living room, bathroom and washroom are in the middle. The original lighting and ventilation in the living room are insufficient, and it takes a long time to turn on the lights in sunless weather. There is no direct ventilation window in the bathroom and washroom, and the room is humid, especially in winter. After installing the elevator, the lighting and ventilation of the living room will be seriously affected, and the living room and the house will be darker and wetter, and the houses on 1 and 2 floors will be more serious; Moreover, in summer and afternoon, the elevator wall will strongly reflect light and heat, and the hot air of the air conditioner can not be better distributed, just like a big steamer, thus increasing the surrounding wall temperature and indoor temperature, and every floor of the household will be strongly affected.

(2) Elevator is a kind of large machinery, which will produce great noise and vibration during construction and operation. Especially after running for a long time, the noise and vibration will become stronger and stronger. Just like a new bicycle, at first, only the bell rang. After a long time, the bell didn't ring and the whole body rang. The wall of this unit building is an old wall, which has no sound insulation and shock absorption effect, and will affect the sleep and rest of residents, especially the elderly who don't sleep well, which has a great impact. Because the motor is installed on the seventh floor, the residents on the seventh floor will be greatly affected by noise.

(3), will cause serious security risks to the house.

1, the building is 1998, and it is a brick-concrete precast slab structure. At that time, the design and construction of the house did not consider the earthquake damage factors. After the Wenchuan earthquake with M = 5. 12 and the Ya 'an earthquake with M = 4.20 in 20 13 in 2008, the quality of houses was seriously affected, and all prefabricated houses appeared. The area around Chengdu is an earthquake-prone area. On April 3rd, 20651October, 438+09, 65, 438, an earthquake of magnitude 5.3 occurred in Gongxian County, Yibin City, Sichuan Province, with frequent earthquakes recently.

The newly installed elevator will have an impact on the stress of the wall and structure of the house. Old house wall mortar cement is less, yellow sand is more, there is not much strength, and the seismic capacity is weak. The foundation of the old house has sunk, and it won't sink any more. After the newly installed elevator is completed, the foundation will gradually settle. The elevator and the old wall will produce stress difference and destroy the old wall.

Elevator is a large machine, and the vibration generated by long-term operation will gradually destroy the old wall, especially after a few years, the vibration generated by elevator will become louder and louder, and the noise and destructiveness will become stronger and stronger.

After the elevator is completed, the old wall will be damaged by vibration, subsidence, possible earthquake and strong wind in operation. How to deal with the safety of the house?

2. How to deal with quality and safety accidents and personal injuries that may occur during elevator operation?

1) The elevator shaft is exposed. In summer, due to aging and short circuit of wires, fire or other accidents may occur in the shaft. There are cases in this regard.

2) Tempered glass may break and fall.

Due to various reasons such as particle impurities, the self-explosion rate of tempered glass is three thousandths, and people are often injured by falling cars. There are many situations.

3) Is a standby generator installed? Because of the sudden power failure, the elevator door will be completely closed and cannot be opened. Because the elevator shaft is bare, the elevator will be very hot and stuffy in summer, up to 40 or 50 degrees, and people in the elevator, especially the sick old people, may have life safety problems. How to solve the problem of life safety? There are reports of accidents in high-rise elevators, and the elevator box is stuck, and it is often impossible to open the door for several hours.

3. What is the warranty period of elevators, elevator shafts and elevator corridors? How to deal with quality and safety problems outside the warranty period?

The quality warranty period of the newly installed elevator shall be guaranteed by the elevator manufacturer for one year from the date of acceptance, but it shall not exceed 18 months after delivery. This does not refer to elevator shafts and elevator corridors. The service life of general elevators is about 15 years.

How to ensure the quality of elevator shaft and elevator corridor is not a solution in the wall of high-rise elevator apartment. How to deal with quality and safety problems such as skew? Can the elevator construction unit guarantee the quality for a long time? How to ensure the long-term (at least 15-40 years) 100% validity of the safety guarantee of the construction unit? The newly installed elevator is self-built, and the residential property does not assume any responsibility. Any accident shall be borne by the construction user.

(4) The installation of the elevator will affect the view and privacy of the living room and the beauty of the house.

(five) how to deal with the maintenance and operation costs, overhaul costs and replacement costs of elevators. The maintenance and operation of the elevator is about 6000- 10000 yuan per year, and the overhaul cost is unknown now. What is the replacement cost and elevator shaft and elevator corridor maintenance and update after about 15 or 20 years? How to deal with it?

(6) Installing the elevator will increase the severity of darkness, humidity and ventilation of the first and second floors, and the "golden three silver four" of the three-story residence is no longer the "golden three". How to deal with the adverse effects on the residents on the first, second and third floors?

Four. Related legal issues

(1) Relevant laws

1. Article 13 of the Constitution stipulates that citizens' lawful private property is inviolable.

2. Article 267 of the Civil Code

The lawful property of private individuals is protected by law, and it is forbidden for any organization or individual to occupy, plunder or destroy it.

3. Article 272 of the Civil Code

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

(2) Legal knowledge:

1. Every citizen should take full responsibility for his own behavior (except those who need guardianship, such as children and mental patients).

2. Every citizen shall not harm the person, property and other rights and interests of others when exercising his lawful rights.

3. Documents formulated by local governments cannot violate the relevant provisions of the Constitution, civil law and other laws.

(3) government guidance

I) Implementation Opinions of the General Office of Chengdu Municipal People's Government on Further Promoting the Independent Installation of Elevators in Existing Houses (Cheng Ban Fa [2021] No.2)

There are the following contents:

"First, the implementation principle.

The independent installation of elevators in existing houses follows the principle of "government guidance, community construction, owner's main body, support from all parties and ensuring safety". Simplify the handling process, facilitate the masses, and take the elevator as the content of the renovation of existing residential facilities and equipment, and bring it into the category of community development and governance.

Second, the implementation conditions

(a) within the administrative area of this Municipality, the state-owned construction land has been completed and put into use, with legal ownership and no elevators.

(two) the existing residential elevators must meet the building structure, fire protection and other related safety requirements, without reducing the safety level of existing residential buildings, and the elevators to be added should be within the scope of the building red line.

(4) To apply for the independent addition of elevators to an existing house, there should be more than two-thirds of the owners of the exclusive part of the house and more than two-thirds of the owners to participate in the voting, and more than three-quarters of the owners of the exclusive part and the owners who participated in the voting agree. During the publicity period, the interested parties have no written objection to the proposal of adding elevators to the real-name registration system. "

(II) Guiding Opinions of Sichuan Provincial Housing and Urban-Rural Development and Reform Commission, Sichuan Provincial Civil Affairs Department, Sichuan Provincial Department of Finance, Sichuan Provincial Department of Natural Resources and Sichuan Provincial Market Supervision Administration on Further Improving the Work of Installing Elevators in Existing Residential Buildings (Sichuan Construction Bank 14 [20265438]No.)

There are the following contents:

"(2) Basic principles. Adhere to the principle of "government guidance, owner autonomy, fairness and rationality, convenience and safety", respect the wishes of the owners, clarify the main body of responsibility, strengthen process supervision and ensure the safety of use.

(3) implementation procedures.

1. Voting motion. Owners who are willing to install elevators should seek the opinions of all owners of this unit on whether to install elevators. To participate in the voting, there should be more than two-thirds of the owners and more than two-thirds of the owners who take part in the exclusive part of the house, and more than three-quarters of the owners who take part in the voting and the owners who take part in the voting agree. "

The above two Opinions are not laws and regulations. These two Opinions are only advisory documents, not administrative regulations, and have no legally binding effect. If their opinions are not listened to and implemented, there will be no enforcement and punishment in the two opinions.

There is no legal basis for the statement that "as long as the owner who accounts for two-thirds of the exclusive area of this unit agrees, other owners disagree". If the two opinions are laws and regulations, they should be "certain law" and "certain regulations"; Such as the Criminal Law and the Regulations on the Administration of Social Security. To regard two opinions as laws and regulations is to misinterpret two opinions. If an owner misinterprets the two Opinions and wants to forcibly build an elevator, it is a violation of the relevant provisions of the above-mentioned Constitution and the Civil Code and needs to bear relevant legal responsibilities.

Some people also think that "from the date of 202 1, 1 and 1, the voting proportion of the owners who add elevators to existing houses should be implemented in accordance with the provisions of Article 278 of the Civil Law of People's Republic of China (PRC), that is, the owners who apply for adding elevators should participate in the voting by the owners who account for more than two-thirds of the exclusive area and the number of people who account for more than two-thirds of the exclusive area. It will cause property losses to other owners who do not agree, which is a violation of the relevant provisions of the Constitution and the Civil Code and a misinterpretation of its legal provisions. Forcibly building elevators will bear relevant legal responsibilities.

Su Manman, the chief justice of Yangzhou City, also discussed the legal issues of this matter in the article "Reference to the rule of law: the application of the law on the installation of elevators". The conclusion is that Article 278 of the Civil Code is not applicable to the installation of elevators. You can look for it online.

I hope that all owners will actively and fully discuss and check for leaks.