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Home » Bylaws » Bylaws NSW » NSW: Is the Retro Fitting of EV Chargers in Strata Unviable?

NSW: Is the Retro Fitting of EV Chargers in Strata Unviable?

Published February 28, 2023 By Adrian Mueller, JS Mueller & Co Lawyers Leave a Comment Last Updated March 13, 2023

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This article is about retrofitting EV chargers in existing NSW apartment blocks.

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Under a plan by the City of Sydney all new apartment blocks will need to provide EV chargers and existing apartment blocks will need to retrofit EV chargers as the Council pushes to drive the uptake of EVs and drive net zero emissions by 2035.

Retro Fitting EV Chargers

Many older apartment blocks are struggling with the concept of installing EV chargers, a major hurdle for the following reasons:

  • The significant costs
  • Navigating the current building infrastructure
  • Questions about who pays for the new infrastructure?
  • Uncertainty over who pays for the electricity used?
  • Questions about how the EV owner is charged for electricity used and whether a by-law can introduce a user pays system for electricity costs
  • Lack of information about EV charger installation
  • Convincing lot owners who don’t own an EV (and may never) to contribute to the cost of installing EV charging infrastructure

The NSW Government’s promise in the upcoming elections to install 30,000 public charging stations across NSW is a positive move in the right direction.

However, in Europe more than 80% and in North America, 70% of EV vehicles are charged in homes overnight.

So, perhaps the Government needs to further develop ways to assist with the uptake of retrofitting EV chargers in existing apartment blocks to ensure the City of Sydney (and other areas) reach their target of zero emissions by 2035.

In that regard, the NSW Treasurer recently announced that if the NSW Government is re-elected at the upcoming election, changes will be made to strata laws in NSW to make it easier to install EV chargers in apartment buildings. The jury is still out on that announcement but it would be a step in the right direction.

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For more information refer to these media articles:

  • ‘This is evolving quickly’: City of Sydney accelerates switch to electric vehicles
  • Sydney council pledges to plug in to electric car trend
  • 30,000 EV chargers across NSW by 2026

Do You Need an Electric Vehicle (EV) By-law?

Our specialist team of strata lawyers has drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

  • Who’s responsible for paying the cost of electricity used to charge electric vehicles
  • Any necessary upgrades to the electricity infrastructure in the building
  • Overloading the existing electrical infrastructure

Adrian Mueller
JS Mueller & Co Lawyers
E: [email protected]
P: 02 9562 1266

This post appears in Strata News #636.

If you have a question about retrofitting EV chargers in existing NSW apartment blocks or something to add to the article, please leave a comment below.

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Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.

JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.

Read next:

  • NSW: Does an EV Charger Require Owners Corporation Approval?
  • NAT: Eyes on the Road: Peak Strata Body Releases EV Charging State of Play Report
  • NSW: Q&A Are we expected to pay the huge fire call out fee?

This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.

Visit our Strata By-Laws and Legislation OR NSW Strata Legislation

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About Adrian Mueller, JS Mueller & Co Lawyers

Adrian is widely regarded as one of the country’s leading strata lawyers.

He’s renowned for having an outstanding grasp of all aspects of strata law and for providing well-written, detailed and easily understandable legal advice.

Adrian is a regular contributor to LookUpStrata. You can take a look at Adrian's articles here .

At the forefront of strata law, Adrian has delivered a number of groundbreaking papers to strata lawyers at seminars across NSW and QLD. He’s also lectured extensively on a range of strata law topics.

In recognition of his expertise, Adrian is the youngest person to have been admitted as a Fellow of the Australian College of Strata Lawyers.

View Adrian’s full profiles here and LinkedIn.

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