In 2026, lifts in Spain are governed by four regulations: Royal Decree 355/2024, which regulates the maintenance, inspections and safety improvements of lifts in service; Royal Decree 203/2016, which sets out what new lifts must be like; the Spanish Building Code, which says when a building needs an accessible lift; and the Horizontal Property Act, which governs how the community of owners makes decisions and pays.
If you chair a community of owners, work as a property manager or run a hotel in Mallorca, the question isn't theoretical: each regulation asks something different of you, and at a different time. Here's what each one says, with a link to the official text, and what you need to do. If you're looking for the details of what changed with Royal Decree 355/2024, you'll find them in our article on the new lift regulations from 2026.
What regulations govern lifts in Spain in 2026?
There are four, and each one covers a stage in the life of a lift. The ones that most affect a community of owners or a hotel whose lift is already running are Royal Decree 355/2024 and the Horizontal Property Act; the other two matter mainly when a new lift is installed.
| Regulation | What it regulates | Who must comply |
|---|---|---|
| Royal Decree 355/2024 (ITC AEM 1) | Maintenance, inspections, modifications and safety improvements of lifts in service | Lift owner and maintenance company |
| Royal Decree 203/2016 | Safety requirements for new lifts and their components | Installer |
| Spanish Building Code, DB-SUA | When a building needs an accessible lift and what it must be like | Building design and developer |
| Horizontal Property Act | Majorities needed to install the lift and how the cost is shared | Community of owners |
What does Royal Decree 355/2024 require of lifts that are already in operation?
The Royal Decree 355/2024 came into force on 1 July 2024 and replaces the 2013 ITC AEM 1. For any lift in service, it sets three obligations: having maintenance contracted with a maintenance company, passing the periodic inspections and adding the safety measures in its Annex VII.
- Maintenance: an on-site service visit every month, with at least 20 days and no more than 45 between visits; every four months in single-family homes and in buildings of up to three stops and 20 homes with a CE-marked lift.
- Periodic inspection: every two years in industrial and public assembly buildings, such as hotels, restaurants or enclosed garages with more than five spaces; every four years in buildings with more than 20 homes or with more than four floors served, and every six years in the rest.
- Annex VII improvements: a door-closing detector, two-way communication with a rescue centre, load control, precise levelling or the replacement of old guide rails, each with its own deadline counted from the inspection that finds it missing.
The maintenance company must notify you three months before each inspection, and if the due date passes without the inspection being carried out, it must take the lift out of service within 24 hours. We explain how to check your lift's inspection date in our guide to periodic lift inspections in the Balearic Islands.
What do the regulations require of a new lift?
A lift installed today must comply with Royal Decree 203/2016, which transposes European Directive 2014/33/EU. The installer affixes the CE marking in the lift car and signs the EU declaration of conformity, and the owner submits the documentation to the Department of Industry, which assigns the lift its register number (RAE).
This documentation includes the technical data sheet, the declaration of conformity, the operating manual, the maintenance contract and the favourable certificate from the initial inspection. Without that registration, the lift cannot be put into service. In a residential building, the lift must also be accessible when the Spanish Building Code requires it, as you'll see in the next section. If you're weighing up the work, we explain everything on our page about the installation of lifts in Mallorca.
When is it mandatory for a residential building to have a lift?
In new construction, the Basic Document on Safety of Use and Accessibility of the Spanish Building Code requires an accessible lift, or a ramp, when more than two floors have to be negotiated from the accessible entrance to any home or communal area, or when there are more than 12 homes on floors without an accessible entrance. In all other cases, the design must make provision for the shaft.
In an existing building there is no general obligation: it is up to the community of owners. The exception is set out in article 10 of the Horizontal Property Act: if requested by an owner in whose home someone over 70 or with a disability lives, the installation is compulsory provided that the annual special levy, after deducting grants, does not exceed twelve months of community fees. We go into this in more detail in our article on when it is mandatory to install a lift.
What does the Horizontal Property Act say about the lift in a community of owners?
It sets out how decisions are made and how the cost is paid. Installing a lift requires the votes of a majority of the owners who, in turn, represent a majority of the ownership shares, and once that agreement is reached the community is obliged to pay for it even if the special levy exceeds twelve months of community fees. The cost is shared according to each owner's ownership share, unless the community statutes say otherwise.
These decisions are taken at the owners' meeting, and the community, as the lift owner, commissions the maintenance and the inspections. If you're working out how much each owner will have to pay, you'll find figures, grants and examples in our guide on how much it costs to install a lift in Mallorca in 2026.
What happens if a lift does not comply with regulations?
It depends on the breach. Without a maintenance contract, the lift cannot be used; if the periodic inspection is overdue, the maintenance company must shut it down within 24 hours; and if an inspection finds a very serious defect, the lift is taken out of service until it is corrected and another full inspection approves it.
Minor and serious defects are corrected within the period set in the inspection certificate. That's why it's worth having the lift checked before the inspection body's visit: it's cheaper to fix things calmly than against the clock. When the lift has accumulated shortcomings, many communities choose to carry out the modernisation of lifts in Mallorca in phases.
Frequently asked questions about lift regulations
How often does a lift have to be inspected according to the 2026 regulations?
Every two years in industrial and public assembly buildings, such as hotels, restaurants or enclosed garages with more than five spaces; every four years in buildings with more than 20 homes or with more than four floors served, and every six years in all other buildings. This is set by Royal Decree 355/2024, and the inspection is carried out by an authorised inspection body, independent of the maintenance company.
Do the new lift regulations require an old lift to be replaced?
They require the lift to be fitted with any of the safety measures in Annex VII of Royal Decree 355/2024 that it lacks, such as a door-closing detector, two-way communication, load control, levelling or new guide rails, each with its own deadline. Replacing the whole lift is only necessary when it cannot take those improvements; the usual approach is to modernise it in stages.
Who is responsible for complying with lift regulations in a community of owners?
The community of owners, as the lift owner. It must keep a contract in place with a licensed maintenance company, commission the periodic inspections from an inspection body and carry out repairs within the deadline it is given. The maintenance company maintains the lift and gives notice of the inspections, but the legal obligation lies with the lift owner.
Is it mandatory to have a lift maintenance contract?
Yes. Royal Decree 355/2024 only allows a lift to be used while its owner has maintenance contracted with a licensed maintenance company. Servicing is monthly for most lifts, with 20 to 45 days between visits, and every four months in single-family homes and small buildings with a CE-marked lift. If you are looking for a company, we offer lift maintenance in Mallorca.
Do you need to bring your lift into line with the regulations?
At Eleva Balear we check your lift and tell you what the regulations require of you and what is best to do first. We are a lift company in Mallorca with over 20 years in the industry and our own technicians throughout the island. Call us on 971 17 81 51 or email us at quierosercliente@elevabalear.com. Experience the feeling of being in good hands.
