22 August 2022

Automatic gate in an apartment block: specific rules to know

When the condominium meeting deliberates for the installation or replacement of a gate automation, it’s important to be aware of the rules to respect and the laws in force. This blog will help you understand them in a simple and clear way.

Installing or replacing the gate automation of a condo is an act that must necessarily pass through the condo meeting that assigns the task to the administrator, the one who is responsible for it according to current regulations.

The reform of the condominium L. 220 of 2012 entrusts the responsibility for the correct installation of the gate to the condominium administrator.

The abrogative assembly and the administrator, then, in the executive phase, have the duty to carry out those “acts to preserve the rights inherent in the common parts of the building” and therefore provide for the maintenance and adaptation of the already existing automatic systems or to be installed from scratch.

Let’s see some common cases that represent the Answers to Frequently Asked Questions (FAQ) on the automatic gate in a condominium.

Automatic gate in a condo: FAQ in a nutshell

Switch from a manual gate to an automatic one.

If the condo where you’re working or living in intends to transform a manual gate into an automatic one, it’s necessary to obtain the resolution from the entire condominium assembly. Make sure you’ve obtained this document before proceeding with the installation.

In order to deliberate, the assembly must be constituted with the intervention of condominiums representing at least one third of the value of the entire building and one third of the participants in the condominium (so-called constitutive quorum). Once the majority has been gathered, it’s necessary to proceed with the voting. The votes in favor must represent at least half of the value of the building (so-called decision quorum).

A modification of an existing automation can be approved with the same system (like switching from a sliding gate to a swing gate).

Who is responsible for the damage caused by a malfunction of the automatic gate?

If an accident occurs due to a gate malfunction, for example due to a sudden closure, the responsibility falls on the entire building. If the accident occurs at the expense of a car, (regardless of whether it is a condominium or a third party), the responsibility always lies with the condominium.

Management of gate openings and closings

In some cases, such as when there is a concierge service, the condominium regulations may provide for the closure of the access gates at certain times. It’s important to ensure that each condominium has the possibility of using entrances and exits at any time, with personal remote controls or keys.

All legal references for automatic gates in condominiums

If you need all the legal references and responsibilities on automatic gates, you can read this article where we explain in detail both the machinery regulations and some important details regarding the brands that you must make sure to check on the installed components.

The legal references to keep in mind are:

• UNI En 12453 of 2017

• CEI EN 60335-1 for automations

• CEI EN 60204-1 for electrical equipment external to machines

• UNI En 12445 and the conformity assessment of facilities

• Machinery directive (responsibility of the manufacturer) and CE mark: the installer is legally responsible

The Machinery Directive requires the installer to carry the CE marking, periodic checks and maintenance on the automatic gate to ensure good general operation and to assess problems or potential health risks.

According to the law, the condominium administrator must make “conservation deeds of the rights inherent in the common parts of the building”. The maintenance and checks on the machines are therefore his/her responsibility.

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Maintenance of an automatic gate in a condominium

Maintenance interventions must be periodic, as established by the machinery directive and by any competent installer. It’s crucial that assistance and maintenance are entrusted to specialized technicians who can release all the documentation after the work is done.

The documentation must be kept by the administrator or by the condominium assembly. It will be used to demonstrate actual responsibilities in the event of problems or accidents, to verify the regularity of maintenance in accordance with the provisions of the machinery directive and for any other legal needs.

The check must always include an examination of the machine file that containsall the documents proving compliance with the regulations in force and where must be reported all the ordinary and extraordinary interventions performed. Once all the documentation has been checked, the technician must inspect all parts of the machine to make sure there are no damages or irregularities and, if necessary, he should arrange for repairs or replacement of par

Simple installation, assistance and customer care

In this context it’s crucial to obtain a qualified assistance – alongside excellent mechanical components – in order to avoid problems which are never easy to solve.

As you can see the rules are many and the bureaucracy is increasingly demanding for installers and maintenance technicians. This is why we recommend that you always contact a recognized manufacturer specialized in automation for gates, doors, barriers and windows such as VDS Automation.

In addition to providing only certified materials, produced in Italy by a team of specialized technicians and ensuring all the assistance and training you need, VDS offers you actuators, single components or systems complete with all the elements in practical installation kits.

Choose the quality and safety of Italian and certified products.