• news-banner

    Expert Insights

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.

Our thinking

  • IBA Annual Conference 2024

    Charlotte Ford

    Events

  • Gaining insights on forfeiture - Estates Gazette Q&A

    Emma Preece

    Insights

  • Changes to the time limits for enforcement

    Titilope Hassan

    Insights

  • Briefing Magazine quotes Joe Cohen in an article about process improvement in law

    Joe Cohen

    In the Press

  • Property Patter: Pre-Election Special

    Emma Humphreys

    Podcasts

  • London Property Market Prediction: Where and why are Chinese buyers buying residential properties in London in the next 12 months?

    Simon Green

    Insights

  • Sarah Jane Boon quoted on the front page of The Times in relation to ONS marriage figures for England and Wales

    Sarah Jane Boon

    In the Press

  • Property Patter: Hotels

    Naomi Nettleton

    Podcasts

  • Employment Law & Worker Rights – The Labour Manifesto

    Nick Hurley

    Insights

  • Nick White and Sarah Johnson write for City AM on how Rule 40 affects marketing around the 2024 Olympic Games

    Nick White

    In the Press

  • Nick Hurley writes for People Management on the Conservatives' employment law proposals ahead of the General Election

    Nick Hurley

    In the Press

  • Is a Big Mac meat or chicken? Thoughts on the recent General Court decision

    Charlotte Duly

    Quick Reads

  • Tortious liability: Supreme Court brings relief for directors

    Olivia Gray

    Insights

  • Stephen Burns and Katie Bewick write for New Law Journal on shareholders’ rights after Zedra

    Stephen Burns

    In the Press

  • Rhys Novak writes for Solicitors Journal on what legal advisors need to know about dawn raids

    Rhys Novak

    In the Press

  • Employment Law & Worker Rights - The Conservative Party’s Manifesto

    Nick Hurley

    Insights

  • "Has anyone seen my cat?" - Pet-Nups and Pet Disputes between Unmarried Couples

    Jessie Davies

    Quick Reads

  • Employment Law & Worker Rights - The Liberal Democrats Manifesto

    Nick Hurley

    Insights

  • The Africa Debate: Africa’s role in a changing global order

    Matthew Hobbs

    Quick Reads

  • Re UKCloud: The importance of exercising control over a fixed charge asset

    Cara Whiffin

    Insights

Back to top