Maintenance and works
Lift inspections in Portugal: deadlines, EMA and fines
Lift inspections in a Portuguese condominium: how often, who requests and who carries them out, simple or full contract, re-inspection and fines.
· 6 min read · Condgest
A condominium with a lift has two separate obligations: maintenance, carried out every month by a lift maintenance company (EMA) under contract with the condominium, and the periodic inspection, carried out by an independent inspection body at the request of the City Council. The inspection is repeated every two, four or six years, depending on the type of building, and becomes every two years after the first two periodic inspections. All of this is in Decree-Law 320/2002 of 28 December, amended by Law 65/2013. Missing a deadline means a fine.
Maintenance and inspection are not the same thing
The company that maintains the lift is not the one that passes it:
- Maintenance: regular visits by the EMA to keep the lift safe and working. It is ongoing and paid for under contract.
- Periodic inspection: an independent check, on a set date, confirming that the lift meets safety requirements. It is carried out by an inspection body (EI) recognised by the Directorate-General for Energy and Geology (DGEG).
City Councils are responsible for periodic inspections and re-inspections, extraordinary inspections and accident investigations (Article 7 of Decree-Law 320/2002). In practice, the council receives the request and the fee and commissions the inspection from an EI.
How often the lift is inspected
The frequency depends on the type of building the lift is installed in (Article 8 of Decree-Law 320/2002):
| Type of building | Frequency |
|---|---|
| Commercial or services, open to the public | 2 years |
| Mixed (residential and commercial or services) | 4 years |
| Residential with more than 32 dwellings or more than 8 floors | 4 years |
| Residential, all other cases | 6 years |
| Industrial premises and cases not covered | 6 years |
There is a rule many owners are unaware of: once two periodic inspections have been carried out, or the time for them has passed, inspections become two-yearly. In a residential building with an older lift, the norm is therefore an inspection every two years, not every six.
The date of the next inspection is on the certificate from the last one, which should be in the condominium's records.
Who requests the inspection and who carries it out
The request is made to the City Council of the municipality where the building is, with payment of the fee set in the municipality's fee regulations. The exact procedure varies from council to council:
- Lisbon: the request for a periodic inspection or re-inspection can be made by the owner or the condominium, or by the building's EMA if both agree. It can be submitted online.
- Cascais: the request is made on a specific form, with payment of the fee, and the council passes it on to the inspection body, which schedules the visit.
Whoever submits the request, it is the condominium that pays the fee, and it is its lift that becomes non-compliant if the deadline passes. Municipal regulations require the application to be submitted in advance; it is worth confirming that period with the council.
On the day of the inspection, a technician from the EMA must be present to provide what is needed for the tests.
The maintenance contract and the EMA
The owner of a lift in service must sign a maintenance contract with an EMA (Article 4 of Decree-Law 320/2002). In a condominium, the condominium administrator manages it on behalf of the owners. The EMA must be registered with the DGEG, and maintenance must be monthly unless the DGEG authorises otherwise (Annex II).
The law provides for two types of contract (Article 5):
Simple contract
Designed to keep the lift in good safe working order, without including the replacement or repair of components. It is cheaper, but every part that fails is quoted and paid for separately.
Full contract
Has the same aim, but includes the replacement or repair of components whenever justified. The monthly fee is higher and the annual cost is more predictable.
The minimum services for each type are set out in Annex II. There are also intermediate contracts, such as "simple with parts": what matters is the list of components covered and excluded, not the name.
When choosing, weigh up the age and condition of the lift, its breakdown history and how much room the common reserve fund (fundo comum de reserva) has for a major repair. Before renewing, check the notice period for termination: many contracts renew automatically.
The EMA must notify the owner in writing of any repairs needed and, where there is serious risk, take the lift out of service and inform the owner and the council. It is liable under civil and criminal law for accidents caused by poor maintenance, and the owner is jointly liable.
Conditions to correct and re-inspection
If the inspection finds faults, the inspection body imposes conditions (cláusulas): corrections that must be made for the lift to comply. When the conditions concern people's safety, a re-inspection follows to confirm they have been met.
In the municipal regulations consulted, the EMA has up to 30 days to correct the faults, and the re-inspection must be requested immediately afterwards. If the nature of the works justifies it, an extension of up to 180 days can be requested.
Who pays for the corrections depends on the contract: under a full contract, much of it will be included; under a simple one, the quote goes to the condominium. If the lift is not safe, the council can seal it until it is corrected and re-inspected.
Fines
Article 13 of Decree-Law 320/2002 sets out the administrative offences. Fines range from €250 to €37,500, depending on the offence. Failing to request the inspection within the deadlines in paragraph 1 of Annex V, for example, carries a fine of €250 to €5,000. Operating without a maintenance contract is also an offence.
Proceedings are brought by the mayor or by the DGEG, depending on the offence (Article 14). More than the fine, what matters is the risk of an accident in a lift with no maintenance or an expired inspection.
What the management should have to hand
- Certificate from the last inspection, with the date of the next one.
- Current maintenance contract, with the type, price, notice period and list of exclusions.
- Reports from the EMA's visits and the breakdown log.
- Inspection reports and conditions, with the date of correction and the result of the re-inspection.
See also our annual preventive maintenance checklist.
This article is for information only; each building's specific obligations depend on its characteristics and on the municipality's regulations, and should be confirmed case by case.
How Condgest handles lifts
Condgest tracks the lift inspection deadlines for each building, records the result of each one and follows up re-inspections when there are conditions to correct. We review the contracts in force, send an alert before each termination deadline and keep the report of every technical visit in the building's history. Find out more in services.
Want your building's lift inspections up to date? Request a proposal or contact us on +351 215 934 450 or geral@condgest.com.
This article is for information only and is no substitute for legal advice on a specific case. It is a translation of the Portuguese original; the law referred to is Portuguese law.