The rise of electric vehicles (EVs) is accelerating, bringing with it a growing demand for accessible charging points, particularly in densely populated areas like strata schemes. In New South Wales, implementing EV charging solutions in these settings requires a careful examination of individual rights, strata regulations, and EV-specific legislation, to make the building EV ready.
When considering EV charging infrastructure, it’s crucial to understand the Strata Scheme Management Act (SSMA 2015) and its recent amendments. This involves navigating the complex relationships between individual lot owners, their collective responsibilities, and the role of the owners corporation in establishing EV charging facilities.
As electric cars become increasingly prevalent, residential strata schemes in NSW must stay informed and proactive. This article aims to shed light on the challenges in this evolving landscape, offering valuable insights and guidance to both strata residents and management bodies on how to seamlessly integrate EV charging stations.
EV Charging in Apartments: Current Strata Laws for Installing Chargers
The surge in electric vehicle adoption has made the integration of charging systems in NSW strata schemes a pressing concern. This is particularly important as more residents seek to charge an EV at home. Recent changes to strata laws have simplified the process of adding EV chargers, supporting eco-friendly initiatives.
The Strata Schemes Management Act (SSMA 2015) remains the primary legislation governing alterations to common property in strata schemes. Section 108 of this Act outlines the key legal provisions for modifying shared property, which, in the context of EV charging, involves changes to a building’s electrical infrastructure.
A significant development in this area is the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021. This amendment plays a crucial role in facilitating the installation of EV charging stations in strata settings.
One key change introduced by this amendment is the revised voting threshold for approving resolutions related to sustainability equipment installation, including EV chargers:
- A resolution for installing EV charging systems now only fails if 50% or more of the votes cast (based on unit entitlement) oppose it.
- This is a notable shift from the previous special resolution requirement, where opposition from 25% or more of votes would defeat the proposal.
By categorising EV charging units as “sustainability infrastructure,” this revision not only acknowledges their environmental importance but also simplifies the decision-making process for strata schemes. This change effectively supersedes the special resolution requirement originally stipulated in Section 108 of the SSMA 2015.
In summary, the legal landscape for NSW strata schemes considering EV charging station installation has become more favourable. While compliance with the SSMA 2015 remains necessary, the recent amendment offers a more supportive path towards adopting sustainable infrastructure.
Owner Responsibilities for EV Charging in Strata Apartment Buildings
If you’re a strata property resident considering an EV purchase, here’s a guide to your responsibilities:
Review By-laws: Start by examining your strata’s by-laws. Look for specific EV charging provisions or rules that could affect your ability to install a charger on the premises.
Secure Owners Corporation Approval:
- Owners: Seek permission from the owners corporation to install EV charging infrastructure. Follow proper procedures to comply with strata regulations when you install an EV charger.
- Tenants: Your options for modifying common property are limited. First, get your landlord’s consent. They can then approach the owners corporation on your behalf. Your property agent may help facilitate this communication.
Evaluate Building EV Readiness:
- EV-Ready Buildings: If EV charging facilities exist, follow the strata committee’s guidelines for connecting your specific charger.
- Buildings Without EV Infrastructure:
- Familiarise yourself with renovation guidelines, as installing EV chargers often involves modifying common areas to make the car park EV ready.
- Check the capital works fund plan for any allocated EV charging system budget. Pre-allocated funds can expedite your application.
- Use the building’s renovation process to submit a formal EV charging request. Adhere to established procedures and provide all necessary information to support your proposal to install an EV charger.
By following these steps, you’ll navigate the process of installing EV charging facilities in your strata complex more effectively, ensuring compliance with regulations and maintaining good relationships within your community.
Owners Corporation Responsibilities for Installing EV Chargers in Car Spaces
The owners corporation plays a vital role in facilitating electric vehicle charging in strata properties. Here are their key responsibilities:
Developing EV Strata By-laws and Managing Requests
- Creating EV Strata By-laws: The corporation must establish by-laws governing EV charging station installation, payment plans, and related issues.
- Handling EV Charging Requests: They process applications from owners interested in using EV charging services, coordinating installation and managing payment structures.
Preparing the Building for EV Integration
- Conduct Resident Survey to gauge interest in electric car charging: Assess resident needs and views on EV charging to guide infrastructure planning.
- Energy Evaluation: Engage an expert to analyse the building’s energy profile and plan for additional electrical load.
- Develop EV Strategy: Choose an approach that fits the building’s needs:
- Individual method without existing infrastructure
- Individual method with current circuits and metres
- Collective use on shared property
- Phased approach
- Comprehensive building strategy
- Select Payment Structure: Decide on billing methods for usage and infrastructure cost recovery.
Managing the Approval Process
- Identify Applicant: Typically the Strata Committee or individual property owners.
- Initiate Process: Seek owners corporation approval through a general meeting motion.
- Draft By-law: Create a legal document detailing EV charging point installation and cost recovery.
- Review Existing By-laws: Ensure new EV-focused by-laws don’t conflict with current ones.
Overseeing EV Charger Installation
- Select Service Provider to install an EV charger. Choose between an independent electrician or an EV charging specialist to install an EV charger.
- Decide on Installation Management: Determine whether to manage internally or outsource.
- Research Vendors: Use reliable sources like Transport for NSW and the Electric Vehicle Council.
- Conduct Initial Consultation: Seek guidance from similar installations or hire a consultant for complex projects.
- Obtain Quotes: Gather detailed quotes from multiple providers.
- Finalise Supplier: Work closely with the chosen provider and coordinate with the building manager for smooth installation.
By fulfilling these responsibilities, the owners corporation ensures a structured and efficient approach to implementing EV charging facilities in strata properties.
Alternative EV Charging Options Without Owners Corporation Approval
If you’re a NSW property owner facing resistance from the owners corporation regarding EV charging station installation, consider these alternatives:
- Build Consensus: Before purchasing an EV, gauge interest among fellow residents. Collective demand and a unified approach may influence future decisions to support EV charging infrastructure.
- Utilise Public EV Charging Stations: The absence of a personal charging point isn’t insurmountable. NSW offers a range of public charging facilities. This ensures your EV remains charged even without a home-based station.
- Explore Fast Charger Options: While not ideal for daily use, fast chargers can provide a quick charge when needed. Research nearby fast charging locations as a temporary solution.
- Consider Workplace Charging: If your workplace offers EV charging, this could be a viable option for daily charging needs.
- Investigate Trickle Charging: Some EV owners use a standard power outlet for overnight charging, though this method is slower and may require strata approval.
- Revise and Reapply: A rejection may be temporary if you provide more detailed plans to make the building EV ready. As EVs become more prevalent and cost-effective, the owners corporation might become more open to the idea in the future.
While gaining owners corporation approval is optimal, these alternative strategies can help you transition to an electric vehicle if faced with initial resistance. Remember, the landscape of EV adoption is rapidly evolving, and today’s obstacles may become tomorrow’s opportunities.
Conclusion: Embracing Electric Vehicle Charging for a Sustainable Future
The rapid growth of electric vehicle adoption necessitates a clear understanding of how to integrate EV charging in strata apartment buildings. This process involves a careful balance of legal requirements, individual rights, and collective decision-making.
As technology advances and the focus on eco-friendly transportation intensifies, it’s crucial for both strata residents and committees to stay informed and proactive. While this guide offers a general overview, each strata situation may present unique challenges requiring specialised knowledge.
To ensure your apartment complex remains compliant and future-ready, consider consulting with strata law experts. They can help you navigate your rights and obligations regarding EV charging in strata lots, paving the way for a more sustainable and forward-thinking residential environment.
By embracing these changes and working collaboratively, strata communities can play a significant role in supporting the transition to cleaner transportation, contributing to a greener future for all. Whether you’re looking to charge your EV at home or make your building EV-ready, the journey towards sustainable living in apartments is well underway. With the right approach, every car space in your strata building could potentially accommodate EV charging, supporting the growing number of EV owners across Australia.
