A 90 -year -old loses a authorized battle for her selfmade to construct an elevator | My rights | Economy | EUROtoday

At greater than 90 years, Tania (fictional title generated by the Judiciary to ensure anonymity) is not going to have elevator. After greater than 5 years of battle, this nonagenarian with mobility issues of Hospitalet de Llobregat has misplaced an extended authorized battle towards her selfmade, the proprietor of a 12 -homes constructing, in order that this Install an elevator that will permit you to go away your house. A authorized loophole, collected in a regulation of the sixties, however relevant to the case as a result of it’s an previous rental contract, has prevented it.

In 2022, nevertheless, Tania received the primary judicial assault to get an elevator that was very important to get out of residence. At first, and after analyzing the financial capability of the defendant, the investigating choose gave the explanation to Tania and condemned the proprietor to construct the elevator, with the situation that the proprietor may later affect the price of the tenants.

Dis dysfunction, the proprietor of the property appealed the choice. And the Provincial Court of Barcelona He has estimated his useful resource. For the magistrates, and regardless of Tania’s mobility issues, there isn’t a authorized motive to drive the proprietor or to pay for the work or settle for it.

The judgment, of December 27, 2024, however that had not transcended the press to date (it may well seek the advice of it right here) offers a number of causes to lean for this place. The first battle level lies by which regulation to use. The drawback for Tania is that, because the rental contract was signed in 1961, the magistrates consider that we should not go to the laws at the moment in drive, however that the relevant regulation is the previous laws. Nor is the Catalan Civil Code relevant, the judges motive, as a result of the constructing just isn’t thoughtful of horizontal property.

An historical regulation

So that the authorized stumbling block to Tania is within the city lease regulation of 1964. This rule stipulates that, to drive the proprietor of a home to undertake a piece, the modification should rigorously match into the idea of “Necessary repair.”

The case of the case is hidden on this time period, written greater than 60 years in the past. With these wicker, the magistrates perceive that the set up of an elevator It doesn’t match the idea of “repair”. “The term used is ‘repairs’,” says the ruling, which requires “the action of repairing what it is to fix something that is broken or broken.” That is, it begins from one thing pre -existing and never new.

Install an elevator the place there was no, due to this fact, doesn’t meet the requirement. The Chamber motive that one factor is to demand the restore of a pre -existing component within the leased housing, and a distinct one, highlights the sentence, is to impose non -existent amenities, even when the latter will be thought of indispensable.

Neighbors

Consequently, the viewers takes away Tania’s motive and provides it to the owner. There can be no elevator. Although, the judges keep away from condemning the previous lady to pay the judicial prices by admitting that the case concerned a notable authorized issue.

Judicial rigorism contrasts with the truth of Tania, and with that of different elders dwelling in the identical hospitalet constructing. Tania’s daughter instructed Judicial Headquarters that, on one event, firefighters needed to get her mom out of the window with a crane for a medical emergency; Because of its medical situation, shifting it on the steps was inconceivable.

Another witness, the son of one other of the tenants – the property consists of 12 houses, the entire similar proprietor, of which 5 are of previous hire, for which they pay 130 euros monthly, six of latest hire and one is empty – declared that his father He has been going out of residence for a 12 months as a result of taking place the steps is hell. The final two years of his mom’s life have been additionally held: the steps, once more, have been an insurmountable impediment.