Developed together with Eurelectric, EuropeOn and Transport & Environment, the joint recommendations provide the roadmap to effectively implementing the Right to Plug on a national level, inspired by successful practices in key Member States.
The Energy Performance of Buildings Directive (EPBD) introduces the Right to Plug by requiring Member States to simplify and accelerate the procedures for installing electric vehicle (EV) charging infrastructure in new and existing residential and non-residential buildings. In residential buildings, the Right to Plug refers to the right of any owner or tenant to install an EV charger for own use without the need to obtain consent of the landlord or co-owners, unless there are serious and legitimate grounds for expressing a refusal.
This innovative provision requires adapting the regulatory framework in those EU countries where the deployment of chargers is currently complex or burdensome. While the Directive does not provide further details, a strong and comprehensive national implementation is crucial to ensure the Right to Plug can be effectively exercised by anyone who wants to install a charger at home or at the workplace. Considering that 85%[1] of EV charging happens at private locations (i.e. home or office), the Right to Plug would facilitate the roll-out of private charging infrastructure and the uptake of EVs in the EU. Thanks to smart charging functionalities, the integration of EVs into a building’s energy management system crucially facilitates efficient energy use, renewable energy consumption of the building and helps manage (scarce) grid capacity.
Building on existing practices in EU countries[2], Member States should adopt the following measures to guarantee an effective Right to Plug at the national level:
- A notification to the co-owners should be sufficient to install a charger, without needing approval. This is the most important measure to remove any barrier to the exercise of the Right to Plug.
- National legislation should clearly define what constitutes ‘serious and legitimate grounds’ for co-owners to express a refusal to install a charger. There should be clear procedures and timelines for the co-owners’ association to express such an intervention. If the connection is technically feasible, a refusal should be possible only if there is existing charging equipment or if there is a collective infrastructure project underway in the building.
- The scope of the right should be broad to capture as many EV drivers as possible. It should include co-owners, tenants and occupants of good faith and parking located both inside and adjacent to the building. A notification of the tenant or occupant to the owner should be sufficient to install a charger (at the expense of the tenant or occupant).
- Clear and predetermined procedural timelines and rules should be determined by national legislation to obtain permits,to ensure that the private charging infrastructure is deployed without delay.
- National building codes should set clear timelines for each stage of the charger installation process, from the notification of the instalment to the entering into a contract and the installation with the provider. This implies that the rules of co-owners’ associations might need to be revised accordingly.
- Co-owners’ decisions could be facilitated by simple majority instead of an absolute majority when a collective decision is needed for project concerning the installation of recharging infrastructure at shared parking spaces of the building.
- Distribution System Operators (DSOs) should enable EV chargers to be connected to the grid within a predictable and limited timeframe.
- A ‘one-stop shop’ should be set up to provide comprehensive information about the relevant regulations and rules, timelines, citizens’ rights, financial incentives, and give assistance and guidance throughout the installation process of EV charging infrastructure. All information should be available in the national language and in English.
- The effectiveness of the Right to Plug does not stop at EPBD implementation. Member States should also consider the adoption of enabling measures such as incentives for the purchase, instalment and maintenance of private charging infrastructure and innovative financial solutions and business models.
The EPBD entered into force on 28 May 2024 and must be implemented by Member States by 30 May 2026.
Signatories to this document urge Member States to implement the Right to Plug without delay.
[1] ChargeUp Europe, State of the Industry Report 2022.
[2] Right to Plug is already implemented in some EU Member States, such as France and Spain. For information on the relevant French regulatory framework: Article 69.1 LOI n° 2019-1428 du 24 décembre 2019 d'orientation des mobilités. Link; French Construction and Habitation Code. Link; Website of the Ministry of Ecological Transition. Link; Avere France (2020) ‘Guide pour l’installation de bornes de recharge de véhicules électriques et hybrides rechargeables en copropriétés’. Link; For further information on the Spanish legislation: Article 17.5 of ‘La Ley de Propiedad Horizontal’. Link.