Electric Vehicle Charging Legislation: KMK and Parking Regulations

Multiple Regulations Are Involved

The installation of an electric vehicle charging station in an apartment parking lot is subject not to a single rule but to the intersection of several different regulations. The Condominium Law (common area and majority), parking/zoning regulations (permit status), and energy regulations (charging service) are evaluated together. For this reason, all dimensions must be reviewed before installation.

The Condominium Law Dimension

The parking lot is a common area; therefore, charging station installation requires a board decision of unit owners and a specific majority. For a long time, practice accepted the four-fifths (4/5) majority under Condominium Law (KMK) Art. 19. After the circular of the Ministry of Environment, Urbanization and Climate Change, charging units that do not involve construction activity and are not subject to a permit are considered a "useful innovation" under KMK Art. 42; in this case, the number-and-land-share (dual) majority of unit owners is sufficient. We covered the full detail in our EV charging legal permit article, and a ready-to-use template for the installation request is available in our EV charging installation petition.

Is a Permit Required?

According to arrangements in zoning legislation, charging units installed in the common parking lots of complexes and apartments — units that do not involve construction activity and do not create an enclosed space — are, as a rule, not subject to a building permit. These units are considered as pre-assembled devices. However, fire and electrical safety measures must be taken. Commercial stations serving outside the complex are evaluated differently; a business permit and compliance with energy regulations may be required.

Energy and Power Dimension

Charging units draw significant power. If the existing subscription is insufficient, an application to the electricity distribution company for a power increase may be required. Stations installed in common areas must be built with engineering work in compliance with electrical internal installation rules. We covered the technical and safety dimension in our individual vs. shared installation article.

The Commercial Station Difference

Commercial stations installed by a charging network operator in the complex\'s common area, from which fees are collected from users, are subject to a different regime than individual installation. This model may provide additional income to the building but requires compliance with energy regulations. We explained pricing models in our cost and pricing article.

Common Mistakes

• Looking at only one dimension: Not only neighbor consent but also safety and energy dimensions are important.
• Skipping safety measures: Even if no permit is required, fire/electrical safety is essential.
• Not knowing the commercial-individual difference: Two models are subject to different rules.

This content is for informational purposes. Legislation may change and is interpreted according to the specific case; consult authorized institutions and a legal advisor.