It's one of the most frequently asked questions in residential communities: do ground-floor apartments pay for a lift? And no wonder. Those who live on the ground floor often wonder if they really should bear the costs of a service they, in theory, barely use. Does it make sense to pay for something they don't need? The answer isn't always pleasing, but the law is clear: yes, they are required to pay, unless there is an express exemption included in the bylaws or the building's charter.
Legal framework that regulates whether ground floor apartments pay for a lift
To understand where this doubt comes from, we must look at the Horizontal Property Law (LPH). This law establishes that all owners must contribute to general expenses based on their share of ownership, unless there is an agreement or legal clause stating otherwise. These general expenses include both maintenance and lift installation.
So why should they pay if they don't use it? Because the lift is part of the building's common areas, and its presence increases the overall value of the property, including the ground-floor apartments. The only way to avoid paying is to have a clear exemption clause in the bylaws.
Situations in which the low-rise apartments pay for a lift
There are many cases where there's no way out: those on the ground floor have to pay for a lift. Some of the most common are:
- When there is no exemption in statutes: If nothing is mentioned in the horizontal division deed or in the bylaws, the ground floor owners must contribute the same as the rest.
- When the lift is installed for accessibility reasonsIf the goal is to improve mobility for the elderly or disabled, installation is mandatory, even if there are neighbors who won't be using it. However, the annual cost per owner must not exceed certain limits.
- When modernizing or replacing the existing lift: In the absence of a specific exemption, the renovation costs are also shared among all residents.
In short: if there is no clear clause releasing the tenants, they have to pay like any other owner.
Situations in which bass guitars may be exempt
Although the general rule is to pay, there are completely legal exceptions:
- Express exemption in the statutes or constitutive title: If it has already been stated that the low-income families are not required to contribute, this clause is valid and effective.
- Unanimous community agreementAll owners can unanimously decide that the ground floor owners will not pay. However, this decision must be formalized in writing and properly recorded.
- Respect for jurisprudenceThe Supreme Court has repeatedly upheld the claim that these exemptions are valid for both day-to-day and extraordinary expenses, provided they are clearly stated.
So, although it's not common, low-income businesses can get away with paying if there's a legal basis to justify it.
Importance of reviewing the community statutes
Before deciding whether or not ground-floor apartments have a lift fee, it's wisest to carefully review the community's charter and bylaws. That's where the key lies.
Many older buildings didn't have a lift at the time of construction, so the bylaws may not mention this. If, years later, a decision is made to install one, everyone must pay, unless the bylaws are unanimously amended to exempt lower-rise dwellers.
Relevant case law on whether ground floors pay for lifts
The issue has been before the courts many times. The Supreme Court has been clear: if there's no express exemption, the low-income families pay. It's that simple.
Furthermore, for projects related to universal accessibility—such as the installation of a lift—the obligation to contribute extends to all owners, regardless of where they live or whether or not they use the lift.
Accessibility and obligation to pay for the ground floors
In recent years, legislation has taken a firm step toward accessibility. Improving mobility for the elderly or disabled is no longer an option; it's a must. In this context, the question once again has a clear answer: yes, ground-floor apartments pay for a lift, because it's a necessary improvement for the entire building.
However, the law sets certain limits: expenses must remain within the equivalent of 12 ordinary monthly payments per owner, discounting any aid or subsidies. If a project exceeding this limit is approved by a majority, it will also be mandatory.
How lift costs are shared among neighbors
The distribution is based on a clear criterion: the share that each home or business has in the community, as defined in the constitutive title.
The expenses can be:
- Ordinary: maintenance, inspections, minor repairs.
- Extraordinary: complete replacement, new installation or major renovations.
And unless the bylaws state otherwise, all owners contribute according to their share, including those on the ground floor.
Consequences of not paying for the lift
What happens if a resident of a lower-rise apartment refuses to pay? The community can initiate a legal claim process. And judges, unless there is an exemption clause, usually rule in favor of the community.
That is, trying to escape on your own, without legal support, can be expensive.
The added value of the lift even for the low
At first glance, it may seem unfair to pay for something you don't use. But there's an important caveat: a lift adds value to the entire building, and that includes the ground-floor apartments.
Even if they don't use it, ground-floor owners benefit indirectly, as their apartment becomes more attractive if, for example, they decide to sell or rent it one day.
At Eleva Balear we are specialists in installing a lift in Mallorca.
At Eleva Balear, we fully understand all the questions that arise in residential communities: whether the ground-floor units pay for a lift, how the costs are shared, or what steps must be taken to reach a fair agreement.
Our team supports each community with clear, straightforward advice and solutions tailored to the specific needs of each building. If you're considering installing a lift in Mallorca, count on us. We work with rigor, closeness, and commitment to make the process easier for everyone.
