Once an apartment is purchased, the apartment owner becomes a condominus. No lift in an apartment building exists independently of a condominium.Once an apartment is purchased, the apartment owner becomes a condominus. No lift in an apartment building exists independently of a condominium.

Buying an apartment in a block served with a lift exposes both the buyer and future owners to potential risks. Many buyers are only too happy to find that the lift is already installed and running in a block, whereas others may not know that if the lift is not yet installed, there are ways and means to ensure it is in accordance with regulations and can be presumed safe.

Firstly, the buyer has to ask whether a lift is already installed in the block of apartments. If not, then it would be advisable for the buyer to ensure contractually that the lift is compliant with all relevant legislation.

This means, among other things, that the lift is CE-marked and registered with the Malta Competition and Consumer Affairs Authority (MCCAA).

If a lift is already installed, the buyer should first determine whether it is classed as new or existing. A long-established lift will not have the same features as a new one. In addition, the legal considerations are different.

The legal difference between a new lift and an existing one is explained in the Inspection of Lifts Regulations, 2007. A new lift is defined as one installed and put into service on or after July 1, 2002. An existing lift is one that was installed and put into service before this date.

Few people seem to realise that lift maintenance is a crucial part of the upkeep of the condominium

The apartment buyer would not normally know when the lift was installed and put into service unless they ask the vendor. Once the date of installation and putting into service has been determined, the would-be owner has to confirm a few facts.

As defined in the regulations, a new lift has to be CE-marked, a matter of extreme importance.

The vendor of the apartment would not necessarily know whether the lift is CE-marked or otherwise, but the condominium administrator or lift owner should know.

If the (new) lift is CE-marked, determine whether the lift is registered with the MCCAA. If it is, the lift must have a registration number and the person responsible for it should have it.

Should this not be the case, it would be expedient to confirm with the MCCAA that the lift has indeed been registered.

If not, pressure should be exerted on its installer (in concert with the other owners in the building) for registration.

If the lift is non-CE marked, the would-be owner is solicited to contact the person responsible for it, who should take all the necessary steps to ensure the lift is regularised.

If the lift is CE-marked and registered, it is important that the would-be owner is privy to the preventive inspection and maintenance schedules.

If the lift is an existing lift, that is, it was installed and placed on the market before July 1, 2002, then it should have been registered and also undergone a thorough examination.

Once an apartment is purchased, the apartment owner becomes a condominus.

No lift in an apartment building exists independently of a condominium. This means that the apartment owner has rights and obligations.

The Condominium Act regulates such rights and obligations and, upon a cursory view, it becomes extremely clear that the condominus is expected by law to act in a certain manner.

One chief right and obliga-tion of the condominus is to participate in the life of the condominium, which essentially involves general meetings and contributing to the expenditure necessary for upkeep and maintenance.

The lift is one major expense in the condominium and no reasonable expectation for the upkeep of a condominium can do away with expenses related to maintenance.

Few people seem to realise, however, that lift maintenance is a crucial part of the upkeep of the condominium. Lift maintenance is crucial for the proper functioning of the lift.

The financial responsibility of the lift falls on the condomini, or, more specifically, on the lift owner himself. At this point, it is important to specify that not all condomini are lift owners, but many are.

Hence, it is important for any lift owner – and if you are an owner of an apartment within a block of apartments, the chances are that you are also a co-owner of the lift – to know that the lift cannot be taken care of unless said condominus does not make good the expenses necessary for the lift to be maintained and inspected.

Indeed, some condomini believe that lift inspection and maintenance are mere perfunctory tasks. The reality is, however, that lift inspection is legally required by the Lift Inspection Regulations, and the obligation to maintain the lift arises out of the fact that any damages caused to third parties through negligence and omissions exposes the doer to liability for damages.

A lift installed in any residential building has to be preventively inspected once a year. This is carried out by an accredited conformity assessment body (ACAB).

It is the person responsible for the lift who has to contact the ACAB for an inspection.

The MLA is holding a seminar for lift owners, lift administrators and other interested people. E-mail mla@go.net.mt for details or visit www.mla.org.mt.

Lorna Mifsud Cachia is president of the Malta Lift Association.

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