Are Electric Vehicle Charging Points sparking up conversations on your developments?

EVCP estate management considerations for Developers

With the use of electric vehicles on the rise, Developers have long recognised the need to install Electric Vehicle Charging Points (EVCPs) at their developments. This demand, coupled with the government’s plans to reach zero emissions by 2050, has resulted in updates to both planning requirements and Building Regulations in recent years. Effective from June 2022, the Building Regulations now require new homes and buildings in England to have access to either “active” or “passive” EVCPs where there is suitable parking provision.

As a result, Developers, Landlords and Resident Management Companies (RMCs) are coming under increasing pressure to ensure that adequate charging infrastructure is available to residents on both their upcoming and completed developments. Developers are having some in-depth discussions on the issues surrounding EVCP ownership, maintenance, regulations and usage charges.

It is not always as simple as just installing new EVCPs on demand. Developers need to consider health and safety elements, planning permissions, equipment specifications and assess whether the infrastructure in place allows for the increased energy outage. The legal drafting on EVCPs in plot leases and transfers has also had to evolve over time. Each development is unique, so the strategy will largely depend on factors such as:

• whether the associated parking space has been (or can be) allocated or demised;
• whether the EVCP is or will be located on communal areas or is shared with other residents;
• whether the electricity consumption is charged by the RMC or a third-party energy supplier;
• whether passive infrastructure is in place to install addition EVCPs.

New Developments

Developers should establish their preferred EVCP management structure for an estate from the get-go. Provisions that should be drafted into plot transfers and leases include:

• the collection of EVCP service charge contributions;
• the replacement of EVCPs from reserve funds;
• the ability to suspend EVCPs use for maintenance;
• the strategy for installing additional EVCPs (responsibility of associated costs and permissions etc);
• clear detail of ownership (for both existing and future EVCPs), maintenance and payment terms.

Old Developments

Where the EVCP drafting is silent or vague, Developers may be able to rely on the obligation for residents to comply with the estate regulations drawn up from time to time. We recommend Developers ensure that the estate regulations are updated to clearly set out the EVCP strategy for the development going forward and ensure these are issued to all residents of the development to keep with their transfer/lease so they are aware of any changes resulting from the strategy.