Question 1

Electric Vehicle Charging

Accepted Answer

Electric Vehicle Charging Q: You had a newsletter article on the move to ultra-low emission vehicles and implications for leasehold properties. We have received a number of enquires as to what if anything is being done on our estate to address the issue and at this year’s AGM a decision was taken to, in principle and depending upon cost, do a pilot study into the requirements looking at such issues as: Do we need to do anything as it may be cheap and easy enough to use public charging points or because Lithium ion batteries may be dead-end technology that will be superseded by fuel cell or hydrogen powered engines? Is there currently a legal requirement to install EV stations or is there likely to be a requirement in say the next five years as we move towards the 2030 date or at a later date? Going ahead is a chicken and egg issue. Nobody wants to invest too early, but if left too late may impact value of properties on the estate. At what point is the lack of EV charging points on the estate going to start affecting the saleability of properties on the estate? Parking spaces on our estate are allocated not demised. How many would need to be installed? Every parking space/every visitors parking space/some visitors’ parking spaces? What are the available technologies? Who needs to give approval? Freeholder/RMC/highways authority? Some of the estate allocated parking spaces are surrounded by adopted roads and pavements (don’t ask why!) If go-ahead is given, how should it be funded and what are the long term cost implications for maintenance and upgrade of systems? Should electricity be charged at cost or at a premium until cost are recovered (financial model for the investment)? We need to identify an organisation or company that is able to do such studies. Unfortunately, searching the internet has drawn a blank. FPRA Director Shaun O’Sullivan replies: Even if you could find an organisation willing to undertake such a study (and I am not aware of any), I rather fear that in the current stage of development, so far as charging points for Electrified Vehicles (EVs) in existing leasehold developments is concerned, you would be wasting your members’ money. The provision of charging points on the retained part of the property (ie that which has not been demised to leaseholders) would be considered an improvement/enhancement and very few leases (with the notable exception of some local authority leases) provide for improvements. I can see nothing in your lease which explicitly refers to improvements or enhancements. The inability to fund improvements is one of the central points made in the article to which you refer. That said, there is something of a glimmer of hope in the guise of a consultation document issued by the Department of Transport in July 2019: ‘Electric Vehicle Charging in Residential and Non-Residential Buildings’. The outline proposals, if implemented, would, so far as new residential buildings are concerned, see charging points associated with any car parking space and cable routes for EVs being provided in residential buildings undergoing major renovation and with more than ten parking spaces. What the consultation does not address is provision in existing residential leasehold developments. The FPRA response to this consultation can be found on the FPRA website and an article outlining the essence of the response was included in the Winter 2019 (Issue 131) of the newsletter. My personal feeling is that the difficulties and complications of providing charging points in existing leasehold properties and, in particular and in consequence, the need to retrospectively change leases and leasehold law will prove too much of a challenge in the short term and I rather fear, as was indicated in the article to which you refer, that existing flat-dwellers will largely be reliant on public charging points. In my own area the local council have partnered with other London boroughs and are seeking nominations from residents with the aim of installing public points where they are most needed, and particularly in areas where there is a concentration of flats. This seems to have elicited a huge response and in my own small road alone there have been two areas nominated for lamppost charging points. As I suggested in my response to your earlier question and on the premise that existing leasehold property is unlikely to be addressed in the short term, I would encourage you to determine from your local authority their policy with regard to the provision of public charging points. [Submitted December 2019]

Question 2

Electric Vehicle Charging

Accepted Answer

Electric Vehicle Charging Q: You had a newsletter article on the move to ultra-low emission vehicles and implications for leasehold properties. We have received a number of enquires as to what if anything is being done on our estate to address the issue and at this year’s AGM a decision was taken to, in principle and depending upon cost, do a pilot study into the requirements looking at such issues as: Do we need to do anything as it may be cheap and easy enough to use public charging points or because Lithium ion batteries may be dead-end technology that will be superseded by fuel cell or hydrogen powered engines? Is there currently a legal requirement to install EV stations or is there likely to be a requirement in say the next five years as we move towards the 2030 date or at a later date? Going ahead is a chicken and egg issue. Nobody wants to invest too early, but if left too late may impact value of properties on the estate. At what point is the lack of EV charging points on the estate going to start affecting the saleability of properties on the estate? Parking spaces on our estate are allocated not demised. How many would need to be installed? Every parking space/every visitors parking space/some visitors’ parking spaces? What are the available technologies? Who needs to give approval? Freeholder/RMC/highways authority? Some of the estate allocated parking spaces are surrounded by adopted roads and pavements (don’t ask why!) If go-ahead is given, how should it be funded and what are the long term cost implications for maintenance and upgrade of systems? Should electricity be charged at cost or at a premium until cost are recovered (financial model for the investment)? We need to identify an organisation or company that is able to do such studies. Unfortunately, searching the internet has drawn a blank. FPRA Director Shaun O’Sullivan replies: Even if you could find an organisation willing to undertake such a study (and I am not aware of any), I rather fear that in the current stage of development, so far as charging points for Electrified Vehicles (EVs) in existing leasehold developments is concerned, you would be wasting your members’ money. The provision of charging points on the retained part of the property (ie that which has not been demised to leaseholders) would be considered an improvement/enhancement and very few leases (with the notable exception of some local authority leases) provide for improvements. I can see nothing in your lease which explicitly refers to improvements or enhancements. The inability to fund improvements is one of the central points made in the article to which you refer. That said, there is something of a glimmer of hope in the guise of a consultation document issued by the Department of Transport in July 2019: ‘Electric Vehicle Charging in Residential and Non-Residential Buildings’. The outline proposals, if implemented, would, so far as new residential buildings are concerned, see charging points associated with any car parking space and cable routes for EVs being provided in residential buildings undergoing major renovation and with more than ten parking spaces. What the consultation does not address is provision in existing residential leasehold developments. The FPRA response to this consultation can be found on the FPRA website and an article outlining the essence of the response was included in the Winter 2019 (Issue 131) of the newsletter. My personal feeling is that the difficulties and complications of providing charging points in existing leasehold properties and, in particular and in consequence, the need to retrospectively change leases and leasehold law will prove too much of a challenge in the short term and I rather fear, as was indicated in the article to which you refer, that existing flat-dwellers will largely be reliant on public charging points. In my own area the local council have partnered with other London boroughs and are seeking nominations from residents with the aim of installing public points where they are most needed, and particularly in areas where there is a concentration of flats. This seems to have elicited a huge response and in my own small road alone there have been two areas nominated for lamppost charging points. As I suggested in my response to your earlier question and on the premise that existing leasehold property is unlikely to be addressed in the short term, I would encourage you to determine from your local authority their policy with regard to the provision of public charging points. [Submitted December 2019]

Electric Vehicle Charging

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