[Direct answer]The first floor's objection does not necessarily prevent the installation of an elevator. The installation of an elevator constitutes a modification of the building and its ancillary facilities. According to Article 278 of the Civil Code of the People's Republic of China (effective January 1, 2021), it shall be subject to the voting of owners who account for more than two-thirds of the total area of the exclusive portions and more than two-thirds of the total number of owners, and be approved by owners who account for more than three-quarters of the total area of the exclusive portions and more than three-quarters of the total number of owners who participate in the voting. Beijing and other places have detailed regulations on declaration, public announcement, and fund allocation, which shall be subject to the local effective documents. The first floor can claim rights such as lighting and noise through consultation, street mediation, administrative reconsideration, or litigation, but a legally compliant installation plan should generally be implemented. It is recommended to first verify the voting and public announcement materials of the unit, and then exercise rights rationally. For more details, please refer to the relevant provisions.Legal services for real estate transactions and construction projects.

1. Problem background and typical scenarios

Many multi-story residential buildings in old residential areas do not have elevators, making it difficult for the elderly and people with mobility issues to move upstairs and downstairs, which is a frequent topic of discussion in urban renewal. There are a large number of old residential areas in Beijing. When an elevator installation project is proposed for a unit, first-floor owners often oppose it on the grounds of concerns about blocked sunlight, increased noise, privacy infringement, and property devaluation, while upper-floor residents believe that elevator installation is a necessity to improve mobility. The two sides hold opposing views and the negotiation reaches a stalemate. There are also situations where most owners in the unit have already signed agreements to approve the installation, but the first-floor owners still refuse individually; or the construction has already started, and the first-floor owners only claim their rights then. The key to resolving such disputes lies in distinguishing whether the voting process is legal, whether the objections are valid, and how to compensate for the losses. For more information, please refer to the relevant rules.Beijing Henglu Law FirmPractical articles in the field of real estate and construction projects.

II. Key points of contention

The disputes in judicial and administrative practices focus on four points. Firstly, whether the voting procedure is legal: whether the owners participating in the vote meet the double two-thirds of the exclusive part area and number, and whether the agreement meets the double three-quarters under the voting conditions, and whether the public announcement and solicitation of opinions are in place, directly determining whether the installation can proceed. Secondly, the legal effect of the first floor's objection: the first floor does not enjoy the statutory right of veto, and its unilateral objection generally does not constitute a reason to prevent the statutory vote from passing; but if the voting ratio is insufficient, the procedure is missing, or the plan violates mandatory requirements such as planning and fire safety, the installation may be deemed unqualified. Thirdly, the way of balancing rights and interests: for the impact on the first floor's lighting, noise, and privacy, the mainstream practice is to negotiate reasonable compensation rather than to deny the installation itself. Fourthly, the boundaries of litigation: requests for an order to stop construction and remove obstacles are usually difficult to obtain support; for claims for compensation for actual losses, it is necessary to provide evidence of the loss and causality.

III. Professional analysis by Henglue Law Firm

The adjudication logic of real estate disputes is consistent: rights and obligations are defined according to contractual agreements and legal procedures. Claims based on evidence are protected, while claims without evidence are difficult to gain support. Lawyer Xiong Binrong once represented a case of a housing sales contract dispute: On May 29, 2008, Xu Xia and Liu Han signed a "Agreement", in which Liu Han sold the house located at No. 406 in Chaoyang District, Beijing to Xu Xia for 400,000 yuan, and agreed to cooperate with the transfer of ownership after the property ownership certificate was issued. On October 23, 2008, Xu Xia and Liu Han and his wife Zhao Qing signed another "Agreement" to stipulate the price, breach of contract liability, etc., and went through notarization. Xu Xia paid the full purchase price of 400,000 yuan and moved into the house. In 2021, the immovable property ownership certificate was issued and registered in Liu Han's name. Due to the parties' failure to negotiate the transfer of ownership, Xu Xia sued Liu Han and Zhao Qing, demanding that they assist in the transfer of ownership and pay a breach of contract penalty of 80,000 yuan, claiming that she had been repeatedly urged but met with excuses. Liu Han entrusted Lawyer Xiong Binrong to defend the case, claiming that he had always agreed to the transfer of ownership, would hand over the original property ownership certificate to Xu Xia after the issuance of the property ownership certificate, and actively cooperate with the performance of the contract, without any breach of contract. The court accepted the lawyer's argument: the agreement was legal and effective; the agreement did not stipulate a clear time for the transfer of ownership, and Liu Han and Zhao Qing did not explicitly refuse to handle the transfer. Therefore, Xu Xia's claim for breach of contract liability was unfounded. The final judgment required Liu Han and Zhao Qing to assist in the transfer of ownership within seven days and dismissed Xu Xia's other claims. This approach to handling the case also has reference significance for disputes over the installation of elevators: the party who follows legal procedures and actively cooperates is protected by law. If there are indeed infringements of rights, they should be resolved through compensation negotiation or legal remedies, rather than simply obstructing the construction. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 278 of the Civil Code of the People's Republic of China (effective January 1, 2021) on matters requiring joint decisions by owners and voting rules, and Article 283 on the apportionment of expenses for common areas and the distribution of income; the Law of the People's Republic of China on the Construction of Barrier-Free Environments (effective September 1, 2023) regarding the provisions that the state supports the installation of elevators in existing residential buildings and relevant departments shall take measures to create conditions for its promotion; and the Regulations on Property Management of Beijing Municipality (effective May 1, 2020) on the procedures for joint decisions by owners. Action list: First, verify the list of owners in this unit and the area of their exclusive portions to confirm whether the participation in voting and the proportion of consent meet the requirements. Second, review the publicized materials, planning permits, and the opinions of the joint review by the district government to ensure the completeness of the procedures. Third, if the first-floor owners have objections to lighting, noise, etc., they may seek reasonable compensation through community or district mediation or by reporting to the competent authorities. Fourth, the owners of high- and low-rise buildings may negotiate and sign compensation and cost-sharing agreements, clearly stipulating the compensation standards, construction arrangements, and post-maintenance responsibilities. Fifth, if they disagree with the administrative actions, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Sixth, if the procedures are legal and the construction has already begun, requests for a halt to construction are generally difficult to obtain support. Instead, they may claim compensation for actual losses. For more details, please refer to the following link: [Link]Legal services for real estate transactions and construction projects.

5. Henglue Law Firm's Advice

There are two things to avoid most in such disputes: unclear procedures and escalating confrontations. Incomplete voting materials and missing public notifications may lead to the suspension of the entire installation project; if the first-floor residents forcibly obstruct the construction, it may exacerbate conflicts and even trigger new lawsuits. The rational approach for low-floor and high-floor owners to resolve the dispute is to negotiate compensation and maintenance responsibilities in advance. When handling similar matters in the Beijing area, it is recommended to first secure a list of owners, voting records, and evidence of public notifications, and then decide on a negotiation, complaint, or litigation strategy. If necessary, it is advisable to seek professional legal assistance.Beijing Henglu Law FirmProfessional lawyers review the procedures and texts.

VI. Frequently Asked Questions

Q1: If a household on the first floor opposes the installation of an elevator, can this stop the elevator from being installed?

Generally, this is not possible. The vote to install an elevator is conducted in accordance with Article 278 of the Civil Code. If the participation and consent rates meet the standards, it is eligible to proceed. However, first-floor owners do not have a statutory right to veto. However, if the participation or consent rates are insufficient, if the opinions are not solicited and announced in accordance with the regulations, or if the plan violates mandatory provisions such as planning and fire safety, the installation may be deemed ineligible in terms of procedures or substantive requirements. Whether the case can proceed depends on the completeness of the voting and approval materials. No lawyer can unilaterally guarantee the outcome. Compliance with procedures is the fundamental requirement.

Q2: If the first-floor owner claims his rights, what evidence should he prepare?

The materials are organized around four aspects: First, ownership and area evidence, such as property ownership certificates and real estate ownership certificates, which are used to verify the list of owners and the proportion of the area of the exclusive parts; Second, procedural evidence, such as voting ballots, public announcement photos, and records of owners' meetings or unit consultations, which are used to determine whether the procedures are legal; Third, impact evidence, such as comparison photos of lighting and sunshine before and after, noise detection, design plans, and on-site distance measurements, which are used to prove the actual impact; Fourth, loss evidence, such as appraisal reports on the affected value of the house or surrounding transaction cases. The more specific the evidence is, the more support it will provide for negotiation and litigation.

Q3: How much does it cost to sue for the installation of an elevator?

The litigation fees shall be paid in stages according to the "Measures for the Payment of Litigation Fees", with the litigation request as the basis. For cases involving relatively small amounts or subject matters, the fees range from tens of yuan to hundreds of yuan per case, and are borne by the losing party. For cases where the plaintiff partially wins the case, the fees shall be shared proportionally. The attorney's fees shall be determined by the client and the law firm through consultation, and shall be charged according to the complexity of the subject matter and the litigation procedures, without a unified government pricing. Additionally, administrative reconsideration does not charge fees, and fees for appraisal and evaluation of value shall be charged separately according to the standards of the relevant institutions. Before initiating a lawsuit, it is recommended to first calculate the costs and expected benefits. Most cases can be resolved through consultation and mediation.

Q4: How long does it usually take to go from opposition to achieving results?

After several weeks or months of successful negotiations, a compensation agreement can be reached; for cases mediated by streets or communities, conclusions are typically reached within one to two months. Administrative litigation is generally concluded within six months in the first-instance ordinary procedure and three months in the summary procedure, and the same time limits apply to civil litigation. If appraisals or assessments of the value of the property are involved, the appraisal period is not included in the time limit and usually adds one to two months. For a complete retrofitting process, from public announcement to the start of construction, it also requires planning, fire safety, and other approval cycles, which may last several months overall.

Q5: What should the first-floor owners do first?

Four steps to advance: First, obtain and review the voting materials, public announcement records, and planning approval documents for this unit, and verify the voting ratio and procedures; Second, commission professional assessments or inspections for issues such as lighting, noise, and privacy, and fix the evidence; Third, through consultations with the homeowners' committee, the community, or the street organization, clearly put forward compensation claims and their basis; Fourth, if the procedures or approvals are indeed illegal, apply for administrative reconsideration or file a lawsuit in accordance with the law, and avoid taking excessive measures such as obstructing construction to prevent the escalation of conflicts.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.