Electrical Vehicle Charging and the OMC

Government debate on the issue

Richard Bruton TD asked the Minister for Justice if there is legislative provision in place to require management companies to take reasonable steps to provide EV charging networks for occupiers

Minister for Justice answer (21.2.2024):-

The Multi-Unit Developments Act 2011 (‘MUDs Act’) facilitates the fair, efficient and effective management of owners' management companies (‘OMCs’). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

It is important to note that it is the owners of the apartments or residential units in a development who are the members of the OMC. Any obligations placed on an OMC, including those with cost implications, therefore, affect the owners of the homes.

The MUDs Act sets out a number of obligations on OMCs, including in relation to the management of annual service charges by OMCs and expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure). 

 In addition, the MUDs Act provides that OMCs may also develop house rules for the operation and maintenance of the multi-unit development.

The National Electric Vehicle Charging Infrastructure Strategy comes under the remit of my colleague the Minister for Transport. In addition, the Sustainable Energy Authority of Ireland administers an Apartment Charging scheme which seeks to incentivise the provision of home charging solutions for residents and owners of apartments and other multi-unit developments.

Link - https://www.oireachtas.ie/en/debates/question/2024-02-21/115/

The National Electric Vehicle Charging Infrastructure Strategy 2022 – 2025

6.3.2 Shared Residence Charging Scheme

Work is currently being progressed to expand the EV home charge point grant to include shared parking in apartment blocks and similar developments. The Department is working closely with the SEAI in this area and a funding scheme for apartment buildings will launch shortly.

The report confirms an action to expand the EV Home Charge point scheme to include shared parting in apartment blocks.

Apartment Chagring Grants for OMCs

The apartment charger grant assists residents and owners of apartments and other multi-unit developments who want to install a home charger for their Electric Vehicle (EV) and which are not covered by the pre-existing grants. The grant is designed for bulk installation of chargers at a single location, and supports cabling, infrastructure, labour, and construction costs. Owners’ management companies, housing bodies, local authorities, commercial and private landlords can apply.  

Funding for the apartment charger grant scheme is provided by Zero Emission Vehicles Ireland (ZEVI) based in the Department of Transport.  SEAI operates this grant scheme on behalf of ZEVI.

Click HERE for further infomration from SEAI on grant options and application.

New EU Regulations - Alternative Fuels Infrastructure Regulation (EU) 2023/1804 

This directly effective EU law imposes obligations on operators, owners, mobility service providers, and Member States and applies from the 13^th April 2024.

EU law requires all recharging points accessible to the public to provide for the possibility for EV users to recharge on an ad hoc basis without entering into a contract with the electricity supplier or operator. 

The Regulation now places this obligation directly on operators of recharging points. Operators shall, at the publicly accessible recharging points operated by them, provide end users with the possibility to recharge their electric vehicle on an ad hoc basis. The operator of recharging point is defined under the Regulation as:-

‘operator of a recharging point’ means the entity that is responsible for the management and operation of a recharging point and that provides a recharging service to end users, including in the name and on behalf of a mobility service provider;

The Regulation also provides the following definitions of relevance to the OMC sector:-

‘publicly accessible alternative fuels infrastructure’ means an alternative fuels infrastructure which is located at a site or premises that are open to the general public, irrespective of whether the alternative fuels infrastructure is located on public or private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;

‘recharge on an ad hoc basis’ means a recharging service purchased by an end user without the need for that end user to register, conclude a written agreement or enter into a commercial relationship with the operator of that recharging point that goes beyond the mere purchase of the recharging service;

Article 5 of the Regulations require that:-

1. Operators of recharging points shall, at the publicly accessible recharging points operated by them, provide end users with the possibility to recharge their electric vehicle on an ad hoc basis.

At publicly accessible recharging points deployed from 13 April 2024, recharging on an ad hoc basis shall be possible using a payment instrument that is widely used in the Union. To that end, operators of recharging points shall accept electronic payments at those points through terminals and devices used for payment services, including at least one of the following:

(a) payment card readers;

(b) devices with a contactless functionality that is at least able to read payment cards;

(c) for publicly accessible recharging points with a power output below 50 kW, devices using an internet connection and allowing for secure payment transactions such as those generating a specific Quick Response code.

Operators are also obliged:

• by 14 October 2024 to ensure that all publicly accessible recharging points are digitally-connected,
• to ensure that all publicly accessible recharging points built after 13 April 2024 or renovated after 14 October 2024 are capable of smart recharging, and
• by 14 April 2025 to ensure that all direct current publicly accessible recharging points have a fixed recharging cable installed.
• Operators have obligations around the information to be made available on motor vehicles capable of being regularly recharged.
• Operators will be required to ensure the availability of certain data for an Identification Registration Organisation that is to be set up.

Article 5 contains significant oblations on operators of recharging points which as the definition within the Regulations maintains includes the entity that is responsible for the management and operation of a recharging point and that provides a recharging service to end users, including in the name and on behalf of a mobility service provider/ 

The use and installation of EV recharging points in apartments and apartment developments is a planned objection of the National Electric Vehicle Charging Infrastructure Strategy 2022 – 2025. Consideration should be given to all OMC and management operators of common areas where EV charging units are placed to the recent EU legislative requirements on the operates of these recharging points.

 

 

This issue was discussed in a recent webinar hosted by the OMC Governance Institute and is intended for information purposes only. It does not constitute legal advice or guidance. If in doubt as to your obligations as an OMC in respect of EV charger units you should consult your company solicitor or legal advisor.