I am the owner of a small building in the city consisting of an apartment on the ground floor and another on the first floor occupied by my elderly mother. For some time now I have been thinking about equipping the property with a lift in order to facilitate access for the mother without having to use the internal stairs. Furthermore, the unfortunate distribution of the internal spaces does not allow the installation of the ski lift except outside, adhering to the building and near the property border with the neighbor. In this case, what does the current legislation provide?
Signed letter
He replies the expert
Stefano Rolli Surveyor, Confconstruction Parma
Dear reader, below I specify how to proceed to preliminarily verify the feasibility of the system. In general, the installation of the lift shaft is considered an extraordinary maintenance work which requires the sending of a Cila to the Municipality as an authorization instrument (Certified Commencement of Works Communication) , if the intervention is without structural works or alternatively a Wake (Certified Report of the Start of Activity) in the event that the intervention requires structural deposit or seismic authorization of the entire project.
Furthermore, the space that the system will occupy is subject to compliance with the regulations on the distances of buildings from the property boundary and between the buildings themselves.
I also specify that the distance, as reported in item 39 of the Dtu (uniform technical definitions) introduced by the Emilia Romagna region with Law 15/2013 is the minimum segment that connects the construction with the reference border and that Annex A1 ( regulation of heights and distances) of the Rue (Urban Building Regulations) of the Municipality of Parma establishes in art. 9.4, paragraph 2:
«For new construction projects, the distance of the buildings from the property boundaries must be at least 5 m. This distance applies to windowed and non-windowed walls and to any development of the front of the building».
If the distance from the property boundary is less than the 5 meters dictated by paragraph 2, Annex A1 to the art. 9.4 paragraph 7 provides for the possibility of building equally but only on the basis of an agreement stipulated in the legal forms (deed of establishment of servitude and/or reciprocal servitude) with the neighboring property, registered and transcribed in the real estate registers.
Finally, as a further possibility, the construction of the lift system at a shorter distance and without agreement with the neighbor is permitted provided that the dimensions of the shaft are certified as suitable for overcoming architectural barriers.
