The installation of elevators in old houses involves two problems. First, according to predictions, by 2022, the population over 65 years old in my country will account for 14% of the total population, realizing the transition to an aging society. Second, in the process of rapid urban development, it is still relatively common for old houses not to install elevators. On one side, there are more and more elderly people who have difficulty climbing stairs, and on the other side, the lack of elevators in old residential buildings is more obvious. At work, it is not uncommon for cases to come to legal consultation due to disputes arising from the installation of elevators. In this regard, I conducted a long-term visit and research, hoping to provide effective solutions for the difficulties and disputes encountered in the installation of elevators in old houses.

There is a problem:

It is easy to install elevators, but it is difficult to balance contradictions

In fact, in 2017, the Chongqing Municipal People's Government issued the "Interim Measures for the Administration of the Construction of Elevators in Old Residential Buildings in Chongqing" (hereinafter referred to as the "Measures") to solve the problem of adding elevators to old residential buildings. Since the implementation of the "Measures", one by one It does solve this problem to some extent.

However, in the process of installing elevators in old houses, it caused more problems and contradictions, and encountered more resistance. As a result, the "Measures", which were originally for the benefit of the people, have not been well promoted and implemented.

Problem 1: Residents on lower floors such as the first floor often do not agree to install elevators and are unwilling to pay related expenses

First and foremost, of course, is the human problem.

It is often difficult for owners to reach a unified opinion in the actual implementation process of installing elevators in old houses, which is understandable. The installation of elevators will affect the interests of low-rise residents, especially those on the first floor, such as lighting, noise pollution, etc. In many provinces and cities, there have been many cases of low-rise residents and high-rise residents going to court for installing elevators.

According to the provisions of Article 278 (7) of the Civil Code of the People's Republic of China, which is now in effect, the application for adding an elevator is a matter jointly decided by the owners, and should be approved by the owners whose exclusive area accounts for more than two-thirds And the owners with more than two-thirds of the number of people participating in the voting shall be approved by the owners of more than three-quarters of the area of the exclusive part participating in the voting and more than three-quarters of the owners participating in the voting.

However, in practice, property companies and communities often require the consent of low-rise residents. If the low-rise residents do not agree, it is difficult to install elevators smoothly.

Question 2: Although most of the main urban areas have introduced subsidy policies to benefit the people, they still face difficulties in raising funds

The issue of funding is the second difficulty.

The installation of elevators in old houses mainly involves two parts: the direct investment in elevator installation and the daily operation and maintenance costs of elevators (long-term payment). However, the economic and property management fees of the old residential residents are often low. At the same time, many old residential residents are retired elderly people with low income. Therefore, even in Liangjiang New District, Yuzhong District, Jiulongpo District, Yubei District and other major Subsidy policies have been introduced in urban areas, but this fee is still too high for some old residential residents.

Question 3: In a considerable part of the community, the property committee is unwilling to act, the property management company is unwilling to promote, and the street community is unwilling to come forward to coordinate

The third difficulty is who will come forward. Due to the age of the old residential areas, there are generally problems such as complex residential owners, low property management fees, difficult management, and even some old residential buildings do not have a community property committee at all. Therefore, the property does not have the enthusiasm to organize the installation of elevators because it cannot increase the extra income. The property committee is limited by the fact that the actual management of the community is difficult to act and it is difficult to act. The streets are often unable to be effective due to the complex actual situation of the old houses. Active coordination. The owners' committee, the property, and the street did not form a positive linkage to solve the problem of installing elevators.