Two pieces of legislation have recently come into force in relation to electric vehicle charging in the UK which will both be of relevance for developers of residential and non-residential schemes going forward. These regulations form part of the Government's longer term strategy on electric vehicles, which eventually will see a ban on the sale of new petrol and diesel cars and vans from 2030.
1. The Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021
These Regulations came into effect in England and Wales on 15 June 2022 and intend to regulate (via the building control process) the minimum number of EVCPs and cable routes that must be provided where new residential, mixed use and non-residential buildings are being developed with associated car parking spaces (or are subject to major renovations or changes of use).
Residential buildings:
For residential buildings, the basic position is that for new dwellings an EVCP must be provided for each dwelling with on-site parking (and 'passive EVCPs' (i.e. cable routes to serve EVCPs installed in future) must be provided for any additional parking spaces which are not required to provide EVCPs). Similar rules also apply re material changes of use to buildings which create a dwelling or for renovation projects which will result in more than 10 parking spaces once the renovations are complete.
Non-residential buildings:
For commercial buildings, the basic position is that for new buildings/buildings undergoing major renovations which have more than 10 parking spaces at least one EVCP must be installed and 'passive EVCPs' must be installed in 1/5th of the remaining spaces. E.g. for a building with 11 spaces, 1x EVCP and 2x spaces with passive cable routes must be provided.
Mixed Use buildings:
For new and renovated mixed use buildings with shared parking provision, the owner will be required to determine which parking spaces serve the residential occupiers and which serve the non-residential function of the building. Having done so, the relevant provisions set out above will apply to the residential/non-residential parking spaces accordingly (and if there is any doubt, there is a presumption that spaces serve the residential dwellings).
The Regulations do, however, include various detailed caveats which will need to be reviewed closely in each case. For example, for residential dwellings, the requirements will differ if the average cost of providing each EVCP would exceed £3,600 per EVCP; likewise on renovation projects different rules apply if the cost of the EVCPs would exceed 7% of the total renovation costs. Further exceptions may also apply where some/all of the available parking spaces are 'covered' (i.e. under a roof/in a basement) or where the buildings in question are listed buildings, scheduled monuments or within a conservation area.
It should also be noted that these rules will not apply where a building notice/initial notice or full plans relating to building works have been deposited with the relevant local authority before 15 June 2022 (although such works must then commence within 12 months of that date).
To be clear, the Regulations do not currently impose any requirements on existing properties (other than those undergoing major renovations/changes of use) although we'd expect that further policy may follow in this area in years to come.
2. The Electric Vehicles (Smart Charge Points) Regulations 2021
These Regulations took effect from 30 June 2022 and set out minimum standards for private EVCPs (i.e. domestic and workplace but not public EVCPs) sold in England, Wales and Scotland after that date. The Regulations impose the following requirements:
- Data Connectivity - EVCPs must have a data connection so that they can record and measure use and manage the supply of power to the EVCP during peak/off-peak times ('smart charging');
- Off-Peak Charging - EVCPs will be include the following as pre-programmed default settings (although users will be able to opt out):
- programmed charging outside of existing peak hours of demand on the Grid (8-11am & 4-10pm Monday - Friday);
- randomised off peak charging times so as to avoid off-peak spikes in demand caused by EVCPs all simultaneously switching on after the traditional peak hours;
- preferred charging times during periods where a larger proportion of renewable energy is available on the Grid;
- Interoperability - EVCPs must be set up so as to allow users to switch electricity provider without having to replace the EVCP itself; and
- Data Security and Encryption - requirements around the encryption of all data sent to and received by EVCPs and giving users the ability to delete personal data (NB: these will take effect from 30 December 2022).
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