Introduction
As electric vehicles become more common across New South Wales, many apartment residents are looking for practical ways to charge their EVs at home. For those living in strata buildings, installing EV charging infrastructure involves navigating a unique set of legal, technical, and administrative requirements.
Understanding how strata laws apply, what responsibilities fall to owners and the owners corporation, and how to plan a successful installation is essential for anyone considering EV charging in a strata setting. This guide provides clear, up-to-date information to help strata residents and committees make informed decisions about integrating EV charging into their buildings.
Interactive Tool: Are You Ready for EV Charger Approval?
Will Your EV Charger Be Approved?
Check if your proposal meets the legal criteria for a “Sustainability Upgrade”.
You are in a strong position. By classifying this as “Sustainability Infrastructure,” the motion only requires a simple majority (less than 50% voting against).
If the Owners Corporation refuses without good reason, you may have grounds to appeal to NCAT.
Draft Your By-LawBefore voting, the Owners Corporation must know if the building can handle the electrical load.
Without an Energy Assessment, the Committee is likely to reject the proposal on safety grounds. This would be considered a “reasonable refusal.”
As a tenant, you cannot apply directly to the Owners Corporation. You must first get written permission from your Landlord.
Once you have that, the Landlord must submit the motion on your behalf.
If you don’t classify this as “Sustainability Infrastructure,” you might accidentally require a “Special Resolution” (75% support).
Ensure your motion specifically references the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 (NSW) to benefit from the lower voting threshold.
What NSW Strata Laws Say About Charging Your EV
How the Law Classifies EV Chargers as Sustainability Upgrades
Recent changes to NSW strata laws have made it easier for apartment buildings to install electric vehicle charging facilities. The key piece of legislation is the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 (NSW), which updated the existing Strata Schemes Management Act 2015 (NSW).
This amendment is significant because it officially classifies EV charging infrastructure as a “sustainability infrastructure upgrade.” This classification is crucial for any strata scheme considering EV chargers, as it:
- Recognises the environmental importance of these installations.
- Provides a more streamlined path for approval within strata schemes.
By defining these installations as sustainability infrastructure, the law simplifies what was previously a more complex process for altering common property in a strata scheme.
Understanding the Lowered Voting Threshold for Strata Approval
A major benefit of classifying EV charging as a sustainability upgrade is the introduction of a more lenient voting requirement for approval. Previously, such modifications to common property often required a special resolution, which would fail if 25% or more of the votes cast were against it. This made it difficult for many strata schemes to proceed with installations.
Under Section 5 of the Strata Schemes Management Act 2015 (NSW), a motion for sustainability infrastructure must now be passed through a “sustainability infrastructure resolution.“ This type of resolution will be approved unless 50% or more of the value of votes cast are against the motion.
This significantly lower threshold makes it much easier for owners corporations to:
- Gain the necessary support to install EV charging stations.
- Modernise their strata buildings with sustainability upgrades.
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Defining Roles Your Responsibilities vs the Strata Owners Corporation
Your Responsibilities as a Strata Lot Owner or Tenant
If you are a lot owner in a strata scheme and wish to install an electric vehicle charger, you have several key responsibilities. The first step is to perform a ‘health-check’ of strata by-laws to confirm any existing rules on EV charging or modifications to common property.
Before proceeding, you must formally seek and obtain approval from the owners corporation.
Your core obligations include:
- Following established renovation procedures because installing an EV charger usually alters common property.
- Checking the capital works fund plan to see whether funds have already been allocated for EV charging infrastructure, which can streamline your application.
For tenants, the process involves an additional step. As tenants generally have limited rights to alter common property, you must first secure permission from your landlord. The landlord can then approach the owners corporation on your behalf to request the installation.
What Your Strata Owners Corporation Must Do
The owners corporation holds the primary responsibility for managing and integrating EV charging solutions within the building, and may require legal advice for an owners corporation to navigate these duties. It makes the key decisions that affect all residents and the shared infrastructure.
Its duties are comprehensive and include:
- Creating EV by-laws that regulate installation, maintenance, and operation of charging stations while outlining payment structures and cost-recovery methods.
- Processing installation requests by receiving, reviewing, and approving applications from lot owners.
- Selecting a charging strategy—whether individual, shared, or whole-of-building—that best suits the scheme.
- Managing building infrastructure, arranging professional energy assessments to gauge electrical capacity, and coordinating any required upgrades.
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A Step-by-Step Guide to Making Your Strata Building EV Ready
Step 1: Surveying Residents to Assess EV Charging Demand
The first step for any owners corporation is to assess the demand for electric vehicle charging within the building. Conducting a survey of all residents helps gauge current and future needs, which is essential for determining the appropriate scale and timing for an infrastructure project.
The survey results provide a clear cost-benefit analysis, allowing the strata committee to select the most suitable solution for the property. Engaging a strata manager can streamline this process, as they have the tools and expertise to distribute surveys, collect responses and analyse the data effectively.
Step 2: Arranging an Energy Assessment of Your Strata Building
After confirming resident interest, the next crucial step is to arrange a professional energy assessment of the strata building. An energy auditor can evaluate the property’s existing infrastructure to determine its capacity to handle the additional electrical load from EV chargers.
This assessment is vital for safe and effective planning. Key areas that a qualified expert will evaluate include:
- Current sizes of the building’s circuit breakers
- Historical peak energy loads and overall usage patterns
- Spare electrical capacity available to accommodate EV chargers
- Opportunities for energy-efficiency upgrades, such as new lighting, that could free up additional capacity
Step 3: Choosing the Right EV Charging Model for Your Building
There is no single approach to EV charging that suits every strata building. The owners corporation must evaluate several models to find the best fit based on the building’s size, budget and resident demand.
Common strategies include:
- Individual Approach: Best for the first few requests in smaller buildings, this model involves an owner installing a charger connected to their own meter. While cost-effective initially, it is not easily scalable and does not account for future growth.
- Shared Use on Common Property: This option installs one or more chargers in common areas like visitor parking. It is practical when access to individual car spaces is limited, but it requires fair management of the shared spaces through scheduling and usage rules.
- Modular (Phased) Approach: Ideal for buildings with a limited budget but an expectation of future growth, this strategy installs an “EV charging backbone” in stages. The strata scheme funds the core infrastructure, and individual owners pay to connect to it as needed, future-proofing the building without a large initial outlay.
- Whole-of-Building Approach: This comprehensive solution suits large buildings with high current or expected demand. It aims to provide charging capability to every car space, which involves a significant upfront investment but is often more cost-effective than retrofitting later.
Step 4: Establishing a Fair Payment & Cost Recovery System
A critical part of implementing EV charging is deciding how to manage the costs of both electricity usage and the infrastructure itself. Any payment structure must be formally agreed upon by the owners corporation through a sustainability infrastructure resolution and clearly outlined in the strata by-laws.
There are two main types of costs to consider, each with several payment options:
- Usage Billing (Electricity Consumed): Covers the cost of the power used by residents. Options include a flat fee per user, a metered rate based on actual kilowatt-hour consumption or connecting the charger to an owner’s existing apartment meter. Some schemes may also absorb the cost into levies or use a third-party outsourced billing service.
- Infrastructure Cost Recovery: Relates to the expense of installing the charging hardware. The owners corporation can pay the full cost from the capital works fund, require the owner to pay everything in an individual model, or fund the initial installation and recover costs from users over time as they connect to the system.
Step 5: Securing Strata Approval & Applying for Funding
Once a preferred model and payment structure have been selected, the final step is to obtain formal approval from the owners corporation. This is typically done by tabling a motion for a sustainability infrastructure resolution at a general meeting.
The approval process also involves creating a specific by-law to govern the installation, use and maintenance of the EV charging equipment. It is important to review existing by-laws, especially those concerning common property car spaces, to ensure there are no conflicts.
Funding for the project is generally sourced from the capital works fund, and approval for this expenditure should be included in the motion.
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Key Considerations for a Successful Strata EV Installation
How to Assess Your Building’s Electrical Capacity & Limitations
A building’s available power supply is the most significant factor in determining whether EV charging is feasible.
Major upgrades are often cost-prohibitive, so any solution must work within the existing capacity.
A thorough assessment by a qualified professional is essential before proceeding.
Key technical considerations include:
- Switchboard capacity: confirm there is adequate space for new circuit breakers for each charger.
- Handling additional load: ensure existing wiring and distribution boards can cope with several cars charging at once.
- Load management systems: most buildings will need technology that intelligently shares power to avoid overloads.
- Limiting charger loads: consider restricting installations to single-phase chargers drawing no more than 10 amps.
How to Draft a Fair & Comprehensive Strata By-Law
A well-drafted by-law sets clear rules and responsibilities, preventing disputes and protecting both owners and the owners corporation.
To achieve that clarity, a by-law should address these areas:
- Installation rules: outline the approval process and require licensed contractors for all work.
- Maintenance and repair: specify who pays for ongoing upkeep and eventual replacement.
- Cost recovery and billing: describe how electricity use and infrastructure costs will be apportioned.
- Usage guidelines: set day-to-day rules that ensure equitable access for all residents.
- Approved spending: detail any capital-works-fund allocations for common infrastructure.
Navigating Common Safety & Strata Insurance Concerns
Concerns about fire safety and insurance are common but often misconceptions.
Data shows electric vehicles are statistically less likely to catch fire than petrol or diesel cars.
Between 2010 and 2023, Australia recorded just six EV fires, compared with an average of seven petrol or diesel vehicle fires every day.
Key facts that reassure committees include:
- Fire risk is lower: national statistics confirm EVs ignite far less frequently than internal-combustion cars.
- Insurance impact is neutral: major strata insurers report no increase in premiums or risk profiles when EV charging is allowed, provided all work is done by licensed contractors in line with codes and by-laws.
The sole insurance requirement is that every installation be completed by licensed professionals and comply with all relevant standards and the scheme’s by-laws.
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What to Do if Your Strata EV Charging Proposal is Denied
Exploring Alternative Charging Solutions & Building Consensus
If your proposal to install an electric vehicle charger is denied by the owners corporation, you still have several practical steps to consider. A rejection does not spell the end of your EV ambitions; it simply calls for fresh strategies.
To keep your plans moving forward, consider these immediate actions:
- Make use of the public charging network across New South Wales, which, while less convenient than a home station, will keep your vehicle powered.
- Engage with other residents in your building to gauge their interest in EV charging and identify common concerns.
- Build a coalition of support; a united front is far more likely to sway the owners corporation during future discussions.
Understanding Your Right to Appeal an Unreasonable Refusal
When the owners corporation refuses your request, remember you have legal options. NSW strata law prevents an owners corporation from unreasonably withholding approval for sustainability infrastructure, including EV charging stations.
To challenge a refusal, follow this process:
- Lodge an application with the NSW Civil and Administrative Tribunal (NCAT) to initiate a formal review.
- Ask NCAT to review the owners corporation’s decision and assess whether the refusal was reasonable.
- Rely on NCAT’s authority to issue binding orders if it decides the owners corporation acted unreasonably.
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Conclusion
Successfully integrating electric vehicle charging into a strata scheme requires careful planning, a clear understanding of NSW strata laws, and collaboration between lot owners and the owners corporation. By following a structured process and addressing key considerations like electrical capacity and fair by-laws, apartment buildings can effectively meet the growing demand for EV infrastructure.
If you need guidance on navigating the legal requirements or drafting by-laws for your strata property, contact the expert strata lawyers at PBL Law Group today. Our specialised services can help you understand your rights and obligations, ensuring a smooth and compliant installation process for your building, and our strata by-law lawyers can provide tailored advice on creating effective by-laws for EV charging and other sustainability upgrades.
