[Direct answer]In the Beijing area, it is sufficient to reach the statutory voting ratio to proceed with the project, and it cannot be stalled due to the disagreement of individual owners. According to Article 278 of the Civil Code of the People's Republic of China (effective from January 1, 2021), for matters such as the reconstruction or renovation of buildings and their ancillary facilities, the consent of more than three-quarters of the owners who participate in the voting and own more than three-quarters of the voting rights is required. The installation of elevators generally falls under the category of renovating the ancillary facilities of buildings, and it can be legally approved and constructed as long as it meets the above-mentioned voting ratio. For those who obstruct or hinder the construction without legitimate reasons, remedies such as negotiation, community mediation, administrative coordination, or litigation can be used to remove the obstacles. The focus of action is to complete the voting and approval procedures according to the established procedures, and to properly negotiate with the reasonable demands of low-floor owners.

1. Problem background and typical scenarios

The installation of elevators in old residential buildings is a people's livelihood project aimed at improving living conditions, but it often hits a roadblock at the "signature" stage: the upper floors are eager to install them, while the lower floors are concerned about lighting, noise, and financial contributions. Some owners refuse to sign the agreement or even obstruct the construction. To promote elderly-friendly renovations while balancing the interests of all parties, both procedures and negotiations are indispensable.

II. Key points of contention

First, the voting ratio and applicable scope for installing elevators. Second, whether individual owners can be prevented from disapproving the installation. Third, how to protect and compensate lower-floor owners' rights to lighting, ventilation, and noise reduction. Fourth, the application of neighborly relations and the right to request removal of obstacles. Fifth, the agreement on funding allocation and subsequent operation and maintenance costs.

III. Professional analysis by Henglue Law Firm

The legal nature of installing an elevator typically falls under the category of renovations to buildings and their ancillary facilities, and the decision-making process applies the rules of the Civil Code regarding joint decisions by owners. According to Article 278 of the Civil Code of the People's Republic of China, the renovation or reconstruction of buildings and their ancillary facilities requires the consent of more than three-quarters of the owners who participate in the voting and more than three-quarters of the owners who vote. Once this proportion is reached, the installation can proceed legally, and individual owners generally cannot unilaterally block it. At the same time, Article 288 establishes the principles for handling neighborly relations, requiring property rights holders to handle neighborly relations in accordance with the principles of being conducive to production, convenient for life, and based on unity and mutual assistance. Articles 286 and 287 grant owners remedies for acts that infringe upon their legitimate rights and interests. When handling such disputes, Henglue Lawyers typically first verify whether the voting procedures are legal, whether the voting votes and the number of owners meet the standards, and whether the planning and relevant departments have approved it. Then, they assist all parties in negotiating the reasonable demands of lower-floor owners, such as lighting, ventilation, noise impact, and capital sharing and compensation plans, and reach a written agreement to reduce subsequent conflicts. For those who unreasonably obstruct construction or hinder other owners from exercising their legitimate rights, the owners whose rights are affected may request removal of obstacles and compensation for losses. For those with reasonable demands for impact, they should be balanced through negotiation or compensation. In practice, it is prudent to advance the voting, approval, and compensation plans simultaneously to avoid "starting construction first and then arguing about it". 加装电梯的法律性质通常属于对建筑物及其附属设施的改建，其决策适用民法典关于业主共同决定的规则。根据《中华人民共和国民法典》第二百七十八条，改建、重建建筑物及其附属设施，应当经参与表决专有部分面积四分之三以上的业主且参与表决人数四分之三以上的业主同意；达到该比例后，加装事项即可依法推进，个别业主不同意一般不能单方阻止。同时，第二百八十八条确立相邻关系处理原则，要求不动产权利人按照有利生产、方便生活、团结互助、公平合理的原则处理相邻关系；第二百八十六条、第二百八十七条赋予业主对侵害自身合法权益行为的救济途径。恒略律师在处理此类纠纷时，通常先核查表决程序是否合法、表决票与面积人数是否达标、是否取得规划与相关部门的审批；再协助各方就低层业主的合理诉求进行协商，例如采光、通风、噪声影响与出资分摊、补偿方案等，达成书面协议以降低后续矛盾。对无正当理由阻挠施工、妨碍其他业主合法行使权利的，权利受影响的业主可请求排除妨害、赔偿损失；对确有合理影响诉求的，则应通过协商或补偿予以平衡。实践中，稳妥的做法是把表决、报批与补偿方案同步推进，避免“先施工、后扯皮”。

IV. Practical suggestions and legal basis

Action List: 1. Organize voting according to legal proportions and retain voting and area/number statistics materials; 2. Process the approval procedures for installing elevators in accordance with the law; 3. Negotiate with lower-floor owners on issues such as lighting, ventilation, noise, capital contribution sharing, and compensation, and formalize the agreements in writing; 4. For those who unreasonably obstruct construction, seek removal of obstacles through mediation or litigation; 5. Clarify the allocation and usage rules for subsequent operation and maintenance costs. Main Legal Bases: Articles 278, 286, 287, and 288 of the Civil Code of the People's Republic of China (effective since January 1, 2021); The Property Management Regulation (revised in 2018); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three tips for installing an elevator: As long as the installation meets the legal requirements, it can proceed even if some individuals refuse to sign the agreement; for reasonable compensation claims from lower-floor residents, don't force them to give way; if there's unreasonable obstruction, you can request removal of the obstruction. For issues involving real estate and construction projects, you can seek legal assistance through relevant channels.Property transactions and construction projectsObtain an overall solution for the service, which can be combined with specialized community servicesSpecial servicesFor plates, those involving construction contracts can be referred to for referenceBusiness and contract disputes in enterprisesFor columns related to dispute enforcement, please visit the following link:Creditor's rights and debts, and enforcementFor team consultation regarding inheritance and property rights arrangements, please feel free to contact us for further information.Inheritance and division of family propertyFor any questions or difficulties, please contact us via the column.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If we want to install an elevator, can't we install it if the first floor doesn't agree to it?

Generally, it's not the case. As long as the voting meets the legal requirements, the project can proceed according to law, and individual owners who disagree usually cannot unilaterally block it; however, the reasonable demands of lower-floor owners should be negotiated and compensated for.

Q2: What materials are needed to install an elevator?

It is necessary to prepare the owners' voting ballots and results statistics, materials on the area and number of exclusive parts, installation plans, planning and approval documents, as well as consultation records with the lower-floor owners.

Q3: How much does it cost to litigate over the installation of an elevator?

The litigation fees are paid according to the nature and subject matter of the case. For cases involving removal of obstacles, the fees are relatively limited. The attorney's fees are negotiated according to the agreement, and the specific fees shall be determined by the court and the law firm.

Q4: How long does it take from negotiation to implementation?

It depends on the progress of the voting and approval process, and whether the negotiations with the lower-level owners proceed smoothly. For those cases that have entered litigation, the process typically takes several months. It is recommended to simultaneously advance the negotiation and approval process.

Q5: If a neighbor is obstructing the construction, what should I do?

First, fix the obstruction of evidence and apply for community mediation or administrative coordination; if anyone obstructs the construction without a valid reason, they may file a lawsuit to request the removal of the obstruction and compensation for losses according to the law.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.