Installation of E-Charging Stations in Residential Complexes
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Due to climate change and the desire for a sustainable use of resources, electromobility has become increasingly important in recent years. Vehicles with electric drives are far more common than they were ten years ago. The popularity and practicality of electric cars or hybrid vehicles depends heavily on the availability of suitable charging options. If there are more electric cars on the roads, there must also be a corresponding charging infrastructure to meet the increasing demand. The purchase of an electric car is therefore usually accompanied by the installation of a suitable charging station for the electric vehicle. While this installation is relatively unproblematic in private homes, it has legal consequences in shared residential complexes. At the same time, the installation of a so-called wallbox is a sustainable way for condominium owners to increase the attractiveness of their rental properties. The following article deals with the question: What rights do condominium owners and tenants have to the installation of e-charging stations in residential complexes?
Owner Rights to the Installation of E-Charging Stations in Residential Complexes
With the aim of promoting electromobility in Germany, the legislator created new legal rights for condominium owners with regard to e-charging stations in 2020 as part of the German Condominium Modernization Act (WEMoG). The changes resulting from this for the Condominium Act are particularly decisive in this area. The starting point for the installation of a wallbox in a residential complex with various condominium owners is Section 20 WEG.
This standard initially stipulates that structural changes to the residential complex are decided or permitted by the homeowners’ association (WEG). The term “structural alterations” refers to measures that go beyond the proper maintenance of the common property. The installation of a wallbox constitutes such a structural change. In principle, the owners’ meeting therefore decides on the installation. However, if a condominium owner now requests the installation of an e-charging point, for example in the underground car park of the residential complex, the condominium owners’ meeting cannot simply refuse this.
Rather, § 20 of the German Condominium Act (WEG) gives condominium owners a legal right to the installation of e-charging stations in residential complexes. Through the WEMoG, the legislator has specifically given them the option of “demanding appropriate structural changes that serve to charge electrically powered vehicles”. If the condominium owner wants to install a charging station at their own expense, the condominium owners’ association cannot stand in their way without restriction. However, the condominium owner cannot leave the community completely out of the equation.
Resolutions in the Condominium Owners’ Association
Despite their legal entitlement, condominium owners must inform the condominium owners’ association of their plans. In addition, the installation of e-charging stations in residential complexes requires a joint resolution. In practice, this means that they must put their request on the agenda of the next condominium owners’ meeting and register it with the property management in good time. A distinction must now be made when voting within the WEG: When it comes to “whether” the respective condominium owner is allowed to install a wallbox at all, the COA is not entitled to deny him this. If necessary, he can enforce his claim in court in the form of a lawsuit against the owners’ association.
If, on the other hand, the WEG’s rejection relates to the “how” of the construction measure, the homeowners’ association certainly has a say. A rejection of the installation project can, for example, relate to the location, size or appearance of the wallbox. When making this decision, the condominium owners’ association must act within the framework of proper administration, but it has discretionary powers. A resolution passed by a simple majority is sufficient. The condominium owner should therefore propose various models and involve the other owners in the design of the implementation.
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Entitlements of Tenants to the Installation of E-Charging Stations in Residential Complexes
As an alternative to the condominium owner, individual tenants or the condominium owners’ association as a whole may also have an interest in a wallbox installation. A common alternative to construction projects by individual owners is therefore a joint resolution by the condominium owners’ association to install a charging infrastructure in the common property. All owners can then use this equally. In addition to installing the charging station, the condominium should also install a functioning billing system.
With the amendment to the German Condominium Act and the modernization of tenancy law, tenants also received a corresponding legal claim against their landlord in accordance with Section 554 of the German Civil Code (BGB). Tenants can now demand permission from the owner of the apartment to install a wallbox at their own expense. However, this is subject to the condition that the landlord can reasonably be expected to make this structural change. The interests of both the landlord and the tenant must be weighed up accordingly. If the tenant is entitled to the claim, the condominium owner must in turn enforce this claim against the condominium owners’ association. The procedure is then based on the legal situation in residential complexes.
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Conclusion
The installation of e-charging stations in residential complexes is a future-oriented measure that has been significantly simplified by legislation in recent years. Despite the strengthened legal position of condominium owners and tenants, it is still not possible to do without appropriate communication and cooperation with the condominium owners’ association. It is advisable to seek legal advice for such projects to ensure that the installation can be carried out smoothly and in accordance with all parties involved and the applicable laws.
Our lawyers at LLP Law|Patent in Munich have extensive knowledge of the legal framework and claims of homeowners and tenants in connection with the installation of charging solutions for electric cars. Please contact us for individual advice.
Robert Lankes | Rechtsanwalt (Lawyer)
Mr. Robert Lankes supervises the areas of corporate law, IP rights and construction and real estate law at LLP Law|Patent. He will support you in choosing the right legal form, for example, in forming a company, in disputes between shareholders and in company purchases. In the IP area, he will represent you in the context of competition, warnings and interim relief, and in the main proceedings. In construction and real estate law, he advises developers and tradesmen as well as tenants or co-owners. Mr. Lankes is an experienced negotiating partner and litigator in negotiations and discussions with third parties, as well as in court.
