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Would it be legal to remove lifts from apartment complex

  • 01-12-2017 7:54pm
    #1
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    Hi, I have an apartment in a complex which is three stories tall and was built over 20 years ago.It is divided into three blocks and each has an elevator. There is currently a levy in place to fund replacement lifts as the existing ones are becoming harder to find replacement parts for, are beginning to need more regular repair etc. At a recent AGM there was a call by a number of dissenting owners that the lifts should be removed or that the directors should stop funding repairs and essentially decommission the lifts. To the rest of us it seemed like we may have a legal obligation to maintain them as the apartments were sold with lifts in place and it may devalue peoples property, we are also not sure if there are any residents who are dependent on them etc. . There may even be implications insurance wise? Any ideas on the legal implications?


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    How are the costs proportioned? This has been a bone of contention with my management company.

    At the time we were given advice that lifts most be maintained for part m access.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    MOD
    Leaving open for discussion, subject to forum rule against legal advice


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    As mentioned, Part M of the building regulations applies. http://www.housing.gov.ie/housing/building-standards/tgd-part-m-access-and-use/part-m-documents

    They wouldn't accept removing the balustrades and handrails from the stairs, would they?

    Question: could the three blocks be joined, such that fewer lifts would be required? This may have fire safety implications.


  • Registered Users, Registered Users 2 Posts: 51 ✭✭lesnol


    Thanks for that, just needed some direction to start researching our position. The blocks could not be joined as they are separate buildings with car parking, landscaping etc in between. To be fair it is a small number of owners calling for this to happen, they are only concerned as far as I can see with lower fees at all costs and this is one of quite a few things put out at AGM, not sure if they are trying to discredit current directors by saying they wont consider their ideas or swamp them with work researching impractical suggestions in the hopes they walk away.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    lesnol wrote: »
    Thanks for that, just needed some direction to start researching our position. The blocks could not be joined as they are separate buildings with car parking, landscaping etc in between. To be fair it is a small number of owners calling for this to happen, they are only concerned as far as I can see with lower fees at all costs and this is one of quite a few things put out at AGM, not sure if they are trying to discredit current directors by saying they wont consider their ideas or swamp them with work researching impractical suggestions in the hopes they walk away.
    The onus needs to be put backs on those owners to research their own suggestions - at least come up with examples where lifts have been removed and how to comply.

    Are the people complaining about the lifts ground floor residents? Ask them if they would also like to have things like rising damp dealt with if it ever affected them.


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  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    I would consider this a very bad idea to be honest. Lifts are essential for people with limited mobility, buggies, deliveries etc. It takes one simple fall for someone above the ground floor to be unable to access their home. That would really reduce the property's value IMO. And people get old. I know that's not a legal answer but I think you'd be mad to get rid of the lifts.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Would planning permission be required if it was intended to close off the lifts ?


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