Buying a property with an EV charging point
When purchasing a property with an electric vehicle (EV) charging point, there are several considerations to keep in mind. Although we cannot provide advice on electricity supply contracts, installation contracts, or guarantees, the following points should be useful. It is important to inform us if the property comes with an EV charging point so that we can include a specific clause in the purchase contract, which will help avoid any disputes regarding its inclusion in the sale.
Is it part of the property - a ‘fixture’?
Most electric vehicle (EV) chargers, once wired into the property's electrical systems, are considered a 'fixture' of the property being purchased. The Stamp Duty Land Tax (SDLT) or Land Transaction Tax (LTT) is calculated based on the purchase price of the property and any 'fixtures' attached to it. Therefore, any amount paid to the seller for the EV charger must be included in the property price when determining the total 'consideration' for SDLT or LTT purposes.
Legal restrictions - freehold properties
In general, you can only install an EV point on property that you own, and not on other people’s land, or on common areas. If you tell us that the property has an EV point then as part of our Title Report on the property we will tell you if there are any ‘restrictive covenants’ on the property you are buying that might prevent you adding an EV to the exterior of the property or any free-standing EV post with an EV charger attached to it.
Legal restrictions - leasehold properties
If the property you are buying is leasehold and the lease is only a lease of the interior of the property it is very likely that you will not be able to attach an EV point to the exterior of the building or any garage without the landlord’s consent. The landlord may be entitled to refuse consent and there may nothing you can do about it. Also, you may not be entitled to lay cabling or put an EV post or EV point on any parking space that you enjoy without the landlord’s consent.
Planning permission needed?
The government has introduced 'permitted development rights' or 'PD rights,' enabling homeowners to install EV charging points without a planning application. No planning application is necessary before installation, provided it adheres to the criteria outlined in Schedule 2, Part 2, Class D and E of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Nonetheless, there are certain limitations to these 'PD rights,' which include the following:
The installation of a Class D electrical charging outlet requires that the outlet and its casing do not exceed 0.2 cubic meters in size, are not directed towards or within two meters of a highway, are not located within a scheduled monument site, and are not within the grounds of a listed building.
In the installation of an EV upstand with a mounted electrical charging outlet (Class E), the following regulations must be adhered to:
The height of the EV upstand and outlet should not surpass 2.3 meters from the vehicle parking surface level. In the case of a dwelling house or block of flats, this height limit is reduced to 1.6 meters.
The structure must be positioned at least two meters away from a highway.
It should not be located within a site that is designated as a scheduled monument.
It must not be situated within the curtilage of a listed building.
There should not be more than one upstand for each parking space.
For both Class D and E, when the electrical outlet is no longer needed as a charging point for electric vehicles, the wall or the land must be restored to its original condition as soon as possible.
It's important to verify if the property lies within a Conservation Area or the curtilage of a Listed Building. In such cases, permitted development rights might be restricted by an 'Article 4 Directive'. It is advisable to consult your Local Planning Authority to determine if this is applicable.
Should the work not comply with the aforementioned requirements, planning permission will be necessary. If there is uncertainty about the legality of the EV point, one may seek a lawful development certificate from the local planning authority. It is recommended to seek guidance from a planning consultant or the local planning authority regarding planning matters.
Will it work?
The connectors and plugs for EVs have evolved over time, and the maximum charging rate has significantly increased. A typical domestic charger nowadays is designed to deliver power at a rate of 7kW; however, the electrical wiring in some homes may not be capable of supporting this. Additionally, the electricity infrastructure of certain areas or housing estates may not be robust enough to handle multiple chargers operating simultaneously on the same street, which could result in lower than expected charging rates. It is advisable to verify this with the seller and consult a qualified electrician.
Installed correctly?
EV charging points must be installed by a certified electrician, and it's important to verify with the seller if they provide the necessary certificates and warranties for the installation. All new EV charging points are required to be Smart Chargers, which enable charging at reduced rates overnight. Ensure that the EV charging point you consider supports this feature. For specific advice on this matter, consulting with a certified electrician is recommended.
Electricity supply?
The market offers a variety of electricity suppliers, each presenting different pricing structures and occasionally, off-peak or overnight charging rates. It is advisable to verify these details with the seller to ensure satisfaction with the terms. Additionally, it is prudent to inquire with your potential electricity supplier about the availability of EV off-peak supply agreements, as we are unable to provide guidance on this matter.
Insurance & fire risks?
Wires and cables connected to your car can pose a tripping hazard on your driveway or pathways, potentially resulting in legal action if visitors or others trip and fall. It is important to ensure that your EV charging point and cables do not create a tripping hazard.
Additionally, you are not legally permitted to extend charging cables across a sidewalk from your house to the street to charge your car. This not only endangers pedestrians but also risks legal consequences from the highway authority.
Additionally, it's important to verify with your prospective home insurer that they will cover a property equipped with an EV charging point, as they can pose a significant fire risk under certain conditions. The insurance industry body, RISC Authority, has identified several concerns regarding the installation of EV charging points:
Charging should not occur within 10 meters of any combustible materials, including waste, stock, or combustible structural elements.
Charging should not take place within 15 meters of hazardous installations like transformers, flammable liquid storage, and liquefied petroleum gas tanks.
Charging points should be positioned away from external building walls that have cladding or other flammable decorative elements. Ideally, chargers should be near non-combustible walls, such as those made of brick or single-skin steel.
Consideration should be given to whether chargers can be isolated from buildings and structures using a non-flammable enclosure.
Consider removing flammable materials, such as shrubbery and other vegetation in external areas, or waste storage in internal areas, from around the charger to reduce the risk of fire spread.
Make sure the designated charging area allows for safe parking and connection of vehicles.
Confirm that the electrical infrastructure is adequate for the supply at the installation point.
Think about installing bollards to protect the charging point from accidental damage.
As always, if you have any questions about the above please contact us.
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