Electromobility and the Reform of the Residential Property Act

Electromobility is becoming increasingly important. The number of newly registered electric vehicles is increasing. Unfortunately, the charging infrastructure is inadequate. In the construction of new properties, charging facilities are generally a matter of course to ensure a modern living standard and increases in value. However, older properties lack the necessary infrastructure for electromobility. Therefore, it is important for property owners and tenants that they can install charging stations independently without major hurdles. Since December 1, 2020, a reform of the Condominium Act which takes e-mobility into account has entered into force. The rights of individual owners vis-à-vis the homeowners' association are to be strengthened. The legislature wants to simplify and promote structural measures for electromobility.

Structural changes to Common property will no longer require the consent of all affected owners (§ 20 para. 1 new German Condominium Act - WEG). It is therefore sufficient to have a simple majority of the homeowners association. The costs for this are fundamentally borne by the owners who approved the measure during the owners' meeting.

However, there is an exception to this rule: if more than two-thirds of the apartment owners vote for a structural alteration – and together they own more than 50 % of all shares – then these costs are borne by all owners in proportion to their share size (Section 21, Paragraph 2, No. 1 WEG). According to the current law, every apartment owner now has the right to demand appropriate structural alterations that are necessary for charging electrically powered cars. The claim includes the Installation of a charging station (so-called wallbox) as well as all other related measures. This could include, among other things, the Laying the cables, connection to the power supply or to telecommunication lines concern.

Who bears the costs under condominium law?

The Condominium owners, which a Charging station including the necessary infrastructure needed, must also the bear the entire cost (Section 21 paragraph 1 sentence 1 of the German Condominium Act - WEG). If at a later point in time another co-owner also decides to install a wallbox, he is likewise entitled to this and can demand approval from the community of property owners. For the infrastructure that has already been created, he must fair financial compensation pay.

What problems can occur?

When implementing measures related to e-mobility in residential buildings, various challenges can arise. Unfortunately, it is often existing power supply in the affected residential complex not sufficient for several or all apartment owners to have their own charging connection available. In order to to increase total capacity, a new utility connection would have to be created. This can drive up installation costs because the entire homeowners association does not have to bear the costs.

If the power capacity is insufficient, only one limited number of charging stations to be installed. As a result, a Terms of Use necessary for the homeowners association to decide. This involves deciding when, who, and for how long the charging infrastructure may be used. This can lead to major challenges and difficulties, especially when working owners insist on preferential treatment. The law requires equal treatment. On the other hand, the owner's claim must not be rejected on the grounds that the capacities are insufficient.

One possible solution is for all homeowners who want a charging station to join together. They can Increase the electrical capacity of the entire house or install a dedicated grid connection let. Furthermore, can Load management systems be installed. The load management ensures that multiple vehicles can be charged in parallel. The Power output is shared between the individual wallboxes and the limited resource of charging current is used in the best possible way. Intelligent load management guarantees operational safety and increases the availability of the charging points.

The disadvantage is that the charging process takes longer as the number of users increases. Nevertheless, this solution is more advantageous than other rotation systems or the "first come, first served" approach.

In this context, it is important to know that, pursuant to Section 20 of the Condominium Act (WEG), the apartment owner has no right to park their car in the common property area in order to charge it there. Therefore, they can only install a charging station if they have a own parking space as part of the Special ownership has. If this requirement is missing and he merely owns a condominium, he has no right to the installation of a charging facility.

How can apartment owners proceed when implementing electromobility measures?

Regarding the practical implementation of the specific charging options, the owners must decide as part of proper management at the owners' meeting (§ 20 para. 2 sentence 2). The owners can grant approval for the installation of a charging station. In doing so, they can Attach conditions to approval. Here they have a far-reaching influence. Among other things, they can ssecurities for construction or dismantling costs demand. In addition, additional insurance policies due to an increased risk of fire may make sense. Also the concrete design of the measure Can you specify in detail?.

Care should be taken to ensure that adequate submeters be installed to measure consumption precisely and allow cost billing. It is advantageous if the Measure also compatible for later users is. The individual owner cannot claim a right to a specific implementation, but rather the community of owners decides jointly by passing a resolution. Care should be taken to ensure that the Practical and feasible regulations are. The homeowners association is not allowed to issue guidelines that make the installation of a charging station impossible.

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Keep an eye on the home insurance

It is important that the planned charging solutions meet the requirements for Homeowner's insurance fulfill. The property manager, together with the advisory board and the entire community, should pay special attention to this. Electricity is the most common cause of fire. Various hazards can arise during the installation and operation of charging stations. Therefore, it is important that Overloads avoided and fire prevented weird.

Condominium Act: E-mobility and the rented property

According to tenancy law, the owner must maintain the rented property in a condition that complies with the contract. The tenant generally has no right to demand changes (modernizations) to the rental property. However, the tenant may demand that the apartment owner structural alterations allowed, as long as it's about e-mobility, barrier reduction, or burglary protection is possible (§ 554 BGB). The tenant therefore has a claim to consent to the contract modification. However, the tenant no entitlement for the tenant to have the landlord provide additional space, so that an electric car can be charged. Only if the tenant already rents such an area (parking space) in accordance with the existing lease agreement is he entitled to be granted permission to install a charging station. The entitlement applies not only to electric cars, but also to hybrids and electrically powered bicycles. As a matter of principle, the tenant must be allowed to carry out all necessary measures. This means he can lay the cables, install a wallbox and metering equipment (electricity meters). If necessary, he can intervene in the power supply and telecommunication lines.

According to the reformed condominium act, the tenant must bear the costs for the installation of a charging station, including the associated infrastructure, themselves. At the end of the tenancy, he is generally obligated to original condition of the rented property to restore. For this he must also bear the costs. Therefore, the landlord can Additional deposit demand as security for the obligation to dismantle.

The updated condominium act does not prescribe any specific form for granting the permission. It is naturally advantageous for both contracting parties to have a To put the agreement in writing, in order to avoid later misunderstandings and potential conflicts. The landlord can dictate the specific design. Furthermore, he can insist that the measure be carried out by a Specialized business must be implemented. Even in the event that the property is sold later, it is important that the owner has written documentation for the buyer. It is crucial that all steps are coordinated with the property manager and the community as part of a legally binding resolution at the owners' meeting.

The legislature grants the e-mobility a high priority in the context of climate action. Therefore, it can be expected that the tenant's interests will be enforceable. For landlords, it is worth considering whether they should take the initiative themselves and create suitable charging facilities for their property. After all, this constitutes a modernization measure, meaning the rent can be increased annually by 8 percent of the construction costs (§ 559 BGB). The Value of the property is increased, which refers to a possible Disposal has a positive effect.

Frequently asked questions regarding electromobility

Can the landlord refuse the installation of a charging station and withhold consent from the tenant?

Under certain circumstances, yes. The landlord must a sufficient reason for the rejection have. In principle, the interests of the landlord and the tenant should be weighed against each other. For the landlord, a so-called conservation interest to be of importance. The greater the intervention in the property, the more weighty the landlord's interest.

The financial interests of the landlord must not play a role, because The tenant shall bear the costs for the entire measure.. In addition, the landlord can also Additional deposit take. If the structural changes create a hazardous situation or an illegal construction status, the tenant has no right to be granted permission.

What does the tenant need to consider when installing charging stations?

The tenant must contact their landlord to get a Approval for installation to obtain from a charging facility. The consent of the owner is both for the installation and for the electricity supply necessary. Since this usually with the Interference with common property is connected, the landlord must contact the homeowners' association with the request and submit an application. This takes place as part of a homeowners' meeting, in which a resolution can be passed. Therefore, the tenant must expect that approval may take time. The tenant must wait for the decision, before he can install a charging solution. If he rents a house, this can happen much faster, because the landlord does not need the approval of an association of apartment owners.

Many landlords appreciate the initiative and support their tenants in switching to the use of an eco-friendly electric vehicle. Ultimately, the presence of charging infrastructure for electric cars also increases the value of the property. A possible financial contribution on the installation costs is an interesting option. With the so-called operator model, the landlord invests in the future and sustainability of the property. In doing so, he is providing the charging infrastructure for future tenants. It is to be expected that charging infrastructure in buildings will become a mandatory requirement for the real estate industry in the future.