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Must the elevator be compliant when selling an apartment
Must the elevator be compliant when selling an apartment?
When selling an apartment, the question often arises: must the elevator comply with current safety standards?
The short answer is: the sale can proceed, even if the elevator is not fully compliant, but the situation must be transparent and the co-ownership remains responsible for compliance.
Is a compliant elevator mandatory for a sale?
There is no separate "elevator inspection upon sale" as there is for electricity. Therefore, the notary does not require a specific certificate of compliance for the elevator to execute the deed of sale.
However, the elevator must comply with the applicable safety regulations. The obligation to make the elevator compliant rests with the Owners Association, not with the individual seller.
Who is responsible for the compliance of the elevator?
The elevator is a common part of the building. This means that:
- The Owners Association is responsible for maintenance and modernization
- The Property Manager is responsible for inspections and follow-up
- Any adjustments are paid for through the common charges
If modernization works are still required to meet safety standards, that obligation remains with the Owners Association, even after the sale.
Must the buyer be informed?
Yes. The buyer must be correctly informed about the condition of the building. Through the Property Manager, the following information, among others, is provided:
- The minutes of recent general meetings
- Decisions regarding planned elevator works
- Outstanding costs or approved investments
- Any ongoing modernization obligations
If, for example, it has already been decided that the elevator must be renovated, this must be clearly stated in the documents provided to the buyer.
Who pays for ongoing or planned elevator works?
That depends on the timing of the decision.
In principle:
- Costs decided upon before the notarial deed are usually borne by the seller
- Costs decided upon after the deed are usually for the buyer
In practice, the seller and buyer can make specific agreements about this in the sales agreement.
What is the conclusion?
The elevator does not need to be separately "inspected" upon the sale of an apartment, but the Owners Association remains responsible for compliance with safety standards. The sale can proceed, even if elevator works are still planned, as long as the buyer is correctly informed. Transparency via the Property Manager and notary is essential in this regard.
Whoever buys an apartment also buys the rules that come with it.
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