What are the requirements for a home charging station for an electric car in an apartment building?

Individual situations should be roughly distinguished according to: (i) the legal status of the parking space, where the home charging station would be set up and thus the right to use it; and (ii) the condition of the infrastructure in the building. 

A condominium unit owner who owns a parking space on which he intends to install an electric vehicle charging station does not need permission from the owners of other condominium units to use the parking space for this purpose. This is not the case for non-proprietary parking spaces in an apartment building. If a parking space is not owned (solely) by the condominium unit owner and is classed as a common area of the building in condominium instead, the individual condominium unit owner must first obtain permission from the owners of other condominium units to use the parking space and to install an electric vehicle charging point. Since this is a change of use of a common area of the building in condominium, it requires the permission of all the condominium unit owners. 

Furthermore, the obligation to obtain permits also varies depending on the condition of the infrastructure in the building. The situation is quite simple for parking spaces in newly constructed buildings. The Energy Efficiency Act (“ZURE”) requires that developers of all new apartment buildings (or even for major renovations of said buildings) with more than ten parking spaces install wiring infrastructure so as to allow for the charging of electric vehicles at each parking space within the building or in close proximity to the building. 

In older buildings, where electric vehicle charging infrastructure is non-existent, the situation is more complicated, as the electricity supply to the charging station needs to be arranged. In case of a proprietary parking space without a direct electricity supply, the condominium unit owner is allowed to carry out maintenance, alterations and improvements to an individual part of the building without permission from other commonhold unit owners, provided this does not hinder access to the common areas of the building. However, if the works in an individual part of the building also call for work on the common areas of the building, the condominium unit owner must obtain permission from the other condominium unit owners, who together hold more than a half of the co-ownership shares in those common areas. In the case of electric charging stations, such work on the common areas of the building includes, for example, connecting the charging station to a shared electricity point, and the permission required to carry out such work will be more easily obtained if the condominium unit owner ensures that the consumption and thus the costs are metered separately for each individual user, an option that many providers on the market already offer. 

Certain specific circumstances are worth noting for both proprietary and non-proprietary parking spaces in apartment buildings. Any work on the load-bearing structure of the building requires a new building permit and a (new) wiring plan. Such work in the common areas require permission from owners of the condominium units, holding more than three quarters of the co-ownership shares. 

In any case, the connections to the electrical wiring must be carried out professionally, in accordance with the rules of the profession, and the manager of the building should also be informed. As electric vehicle charging stations consume a lot of electricity, the increased risk of fire, especially in the case of older wiring, must also be taken into account. Current legislation therefore requires a number of adjustments to existing permits and plans for reasons of fire and building safety, which vary depending on the type of the chosen electric vehicle charging station and the work to be carried out in the common areas of the building. 

In practice, it is commonplace for several condominium unit owners to want to install electric vehicle charging stations. However, that scenario calls for compliance with the Technical Guideline on Fire Safety in Buildings, which provides for the mandatory installation of automatic fire detection devices in the event more than five charging points are to be installed in garages with a gross floor area of more than 250 m². It should be noted that a large number of charging stations can place a significant burden on the electricity supply, thus, you are advised to consult a qualified professional about the possibilities of constructing a suitable and safe electrical installation. 

The above-mentioned provision concerning the need to obtain permission from other condominium unit owners in the building applies to apartment buildings, where (de facto) a condominium unit is established. However, for other apartment buildings, a stricter level of permission – the permission of all owners of the building – is required instead of a three-quarter majority, in accordance with the provisions of the Property Code Act (“SPZ”). 

We recommend that you first check the technical possibilities and conditions for the installation before making a decision to install a home charging station – especially in older buildings, and consult the experts in this regard. Above all, this issue should be regulated in agreement with other condominium unit owners and co-owners, respectively. 

A future without electric cars seems unthinkable. And with the growing need for electric vehicle charging stations, legislation will have to adapt and create a more transparent and simpler system for setting up private electric vehicle charging stations. The regulation brought about by ZURE in this area is certainly a step in the right direction. 

Authors: Eva Bardutzky, Student and
Klavdija Kek, Senior Associate