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02.08.2024

Electric Vehicle Charging Points at Residential Properties

The transition to electric vehicles (EVs) is gaining momentum, and homeowners are increasingly interested in installing charging points. Homes with the benefit of EV charging points may be more attractive to buyers considering the sustainability of their home or investment property. 


When an EV charging point is installed at a residential property homeowners need to ensure they have the necessary information and documentation to provide to their estate agent and their buyer when they come to sell the property. These issues are arising more and more given the number of electric cars being purchased. 


As an estate agent, understanding the importance of EV charging infrastructure can enhance your services and provide added value to your clients.  In this article, we’ll explore the legal considerations, and practical advice for estate agents.


Installing EV Charging


For most properties, planning permission is not required for the EV charger installation if you own the property and the charge point is off-street and within the boundaries of the property, because the installation is considered to be permitted development so long as it meets the criteria set out by The Town and Country Planning (General Permitted Development) (England) Order 2015.

There are circumstances where planning permission may still be required, such as if it is a listed building or in a conservation area. Consumers are recommended to speak with their local planning authority before undertaking any works. 


Unlike planning permission, building regulations approval is always required when installing an EV home charger, the work itself is deemed ‘notifiable work’ as it involves creating a new circuit. Notifiable work must be reported to the local building control body (BCB) unless completed by someone registered on the competent person scheme who can provide a compliance certificate. The BCB can be notified through submission of a building notice or full plans application. 


Property owner should ensure the correct approvals are obtained and the relevant BCB is notified. The installer may be the one who notifies the BCB, but that should not be assumed. The property owner should discuss with their installer as to who will be making the notification and ensure they have the necessary documents for when they come to sell the property. 


Once installed the property owner should receive a compliance certificate for the EV charger, proving the work complies with building regulations. If the owner is unsure what certificates have been awarded and whether notification has taken place you can contact the BCB or a registered competent person, depending on who completed the work.


EV charger installations are likely to come with a guarantee or warranty both for the equipment and the installation. If this is available, the owner should ensure it is passed to their conveyancer and subsequently to their buyer.
You could face issues if fitting an EV charging point would intrude on anyone else’s property or public land, for example if the cable needs to cross the pavement or a public footpath. It is important that the homeowner approaches the relevant parties and obtain relevant consents in writing and to have this to hand when they come to sell the property. 


Leasehold Properties and other consents

For a leasehold property, you might be able to install an EV charger so long as the property comes with dedicated off-street parking. However, written consent from the property manager, management company or freehold should be sought before the installation takes place.  


Some freeholders may be happy to fit communal EV charging points for all residents to use. However, the installation and maintenance may incur additional costs through service charge. It is still relatively new to have EV chargers at residential properties and so at the time of writing this article, there have been no court cases where a property manager or freeholder have refused to consent to an installation and a leaseholder has taken legal action against that decision. 


Leases vary from property to property and may contain restrictions, or the nature of the property may make installing an EV charging point impractical, and it may be worth reviewing the lease before considering any installation.

Selling a property with EV Charging

With the rise in EV ownership, properties equipped with charging points may be more attractive to potential buyers and renters. Offering this amenity can set listings apart in a competitive market.

Under the National Trading Standards Estate and Letting agency team Material Information guidance, the provision of information about electric vehicle charging points is included within the information that the seller must provide relating to the electricity supply.

A charging unit does not have to be left behind when selling a property, although it may increase the value of the house if it is. EV charging units can be removed and taken when selling, but the cabling will usually be left behind. Agents should discuss with homeowners whether they intend to leave the charging units before including details in their particulars. 

Practical Advice for Estate Agents

Estate Agents can contribute to the smooth running of the conveyancing transaction by discussing EV charging points early on with their clients and buyers. Ensuring the seller has the necessary documentation and providing this to the buyer and conveyancers to save enquiries being raised in the conveyancing process.
Estate Agents should ensure their particulars are correct relating the EV charging points so buyers know what to expect and to protect themselves against potential claims. 

As the EV revolution accelerates, estate agents can play a pivotal role by promoting EV charging points. By understanding the legal aspects and emphasizing the benefits, you’ll enhance your services promoting EV-friendly property not just a selling point, but as an investment in sustainability.
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Disclaimer: The information provided in this article is for general guidance only. Estate agents should seek legal advice specific to their region and consult local authorities for accurate and up-to-date regulations.