Who is responsible for a lift’s safety?
Who can be appointed as the ‘responsible person’?
How do I know if my lift is safe?
My lift is unsafe and the installer won’t do anything about it. Can the MLA help?
The lift in our office block is unsafe. Can the MLA help?
I am living in a rented flat. How can I find out if the lift is certified and safe?
Can I transport goods in a passenger lift?
Can passengers travel in a goods lift?
A: By law, a lift’s current owners are held responsible for all matters pertaining to the lift, i.e. care and maintenance by competent body, statutory safety inspections, and the consequences arising from the failure to observe those requirements. The owners of the lift are held responsible at law for all matters pertaining to the lift, i.e. care and maintenance by competent body, statutory safety inspections, and the consequences arising from the failure to observe those requirements. The owners of the lift may appoint a person to discharge those responsibilities. The appointee is designated at law as the 'responsible person'. However, the lift owners remain ultimately responsible at law for the lift’s safety.
A: The responsible person can be one of the co-owners or a third party, individual or a property management company. Condominium regulations require the setting up of an owners/residents association and the appointment of an administrator. The administrator oversees the common parts of the building, including the lift, and so would be the lift’s 'responsible person'. Installers and ACABs cannot also be responsible persons, as that would be a conflict of roles and responsibilities.
A: To ensure safety, a lift should be registered, certified, regularly maintained and inspected, periodically subjected to ILR.2007 Preventive Inspection and Thorough Examination by ACAB, covered by a 24/7 rescue service, and all documentation should be kept in a ‘lift safety file’ which should be available on demand. In addition, the access route to the lift’s machine room should be kept clear, well lit and safe, and the machine room itself should only be accessed by authorised persons. If any of these conditions are not met, the lift’s safety is compromised. Click here for a full check list of safety requirements.
Contact the Office for Consumer Affairs of the Malta Competition and Consumer Affairs Authority MCCAA as the safety of new installations are governed by the Product Safety Act for which the MCCAA is the enforcement body. If the lift is in a workplace or in a building with regular public access, contact the MCCAA and the Occupational Health and Safety Authority. We also advise you to consult a lawyer about protecting your rights and interests. If the installer is a member of the MLA, contact the MLA as well as the appropriate authorities.
We recommend that you write to the person from whom you are renting the apartment, as it the owners’ responsibility to ensure that the building is safe.
As long as the load inside the lift car does not exceed that rated load, the goods are evenly spread over the lift floor area, and suitable precautions are taken to ensure safety and to eliminate deposits of dust or possible damage to the lift itself, occasional transport of goods should not present any hazard.
However, deposits of builders' sand, cement, and similar materials on the lift car floor and in the lift door sills can and do lead to unreliable operation or stoppage. Frequent and continuous transport of materials in a passenger lift is best avoided.
A: Goods lifts are not designed with passenger safety in mind. They should never be used for passenger transport.
Check back here later. We’ll be adding information to help you identify and resolve lift safety risks. See our FAQs for additional information.