Charging stations for electric vehicles:

The new legislation will significantly affect building owners and developers - from 1 January 2025 they must provide infrastructure for charging electric vehicles in their buildings. This is a major change to building law in response to the growing number of electric vehicles and European emission reduction targets. In the following article, we explain in clear terms who exactly is affected by this obligation, what the differences are for residential and non-residential buildings, what exactly the new regulations require (including interpretation of vague terms such as "physically adjacent"), and the penalties and risks of non-compliance. We will also advise on why early resolution is key and what role a lawyer - such as a law firm like ARROWS - can play.

Author of the article: ARROWS (JUDr. Jakub Dohnal, Ph.D., LL.M., office@arws.cz, +420 245 007 740)

Who must install charging stations and when (overview of obligations)

In short, the obligation to add charging infrastructure applies to several situations depending on the type of building and the phase of its use:

• Existing non-residential buildings (more than 20 parking spaces)

The owner must install at least one charging station by 1 January 2025 at the latest. This one-off obligation applies, for example, to office buildings, shopping centres, production halls or, for example, cinemas and schools, if they have larger car parks. Failure to comply can result in a fine of up to CZK 400,000.

• New non-residential buildings (occupancy after 1 July 2024) with 11 or more parking spaces

During construction, at least 1 charging point must be installed and cable preparations (cable ducts) for every fifth parking space (i.e. for 20% of the parking spaces) must be installed. These requirements have to be fulfilled already at the time of the approval of the new building if its parking is inside the building or physically adjacent to the building (see explanation below).

• New residential buildings with 11 or more parking spaces

At the time of construction, conduit shall be installed for each parking space in the building. This means preparing conduit to each stall for easy future charger installation. However, the charging station itself (i.e. the charging equipment) does not yet have to be installed in apartment buildings - the legislation only requires the necessary infrastructure to be in place.

• Major renovations of non-residential buildings (more than 10 spaces)

If the alteration of a completed building (renovation) also involves interference with the parking lot or the building's electrical wiring and the building has more than 10 parking spaces, at least one charging point and wiring for 20% of the spaces (i.e. for every fifth space) must be added as part of the renovation.

• Major renovations of residential buildings (more than 10 spaces)

If you are renovating an apartment building and the parking lot or garage wiring is included, you must install wiring (conduit) to each parking space for future charging stations. The installation of the charging equipment itself is not mandatory for apartment buildings, similar to new construction.

Note: The above obligations do not apply if, in the case of renovation, the cost of installing charging points and wiring would exceed 7 % of the total cost of the development. This exemption applies only to alterations to completed buildings, not to new buildings- we discuss this in detail below.

Obligations for non-residential buildings (offices, commercial buildings, etc.)

Non-residential buildings are all buildings not used for residential purposes - typically office and administrative buildings, shopping centres, hotels, industrial halls, hospitals, schools, sports facilities, etc.

The new legislation puts the most emphasis on them, as this is where significant use of charging stations is expected (employees, customers or visitors need to charge their electric vehicles during the day).

There is a specific milestonefor owners of existing larger non-residential buildings: from 1 January 2025, every non-residential building with more than 20 parking spaces must have at least one charging station installed. A charging station generally means a stand-alone device or a set of devices that allow charging of an electric vehicle (for example, a wallbox or a rack with one or more outlets).

Example: if you own a business premises with parking for 30 cars, you are obliged to install at least one charging point for electric vehicles by the end of 2024 - for example, a wallbox or stand charging point in the car park. This obligation was created by the transposition of the European Directive on Energy Performance of Buildings and Electromobility, so it's not surprising that similar rules apply across the EU.

For new non-residential buildings (or those undergoing major refurbishment) the requirements are even stricter. If a new project has 11 or more parking spaces, the construction must already ensure that at least one space is equipped with a charging point (functional charger) and another 20% of the parking spaces have cable routes in place for easy addition of chargers in the future. In practice, this means that the developer must include sufficient wiring - for example, cable protectors or conduits - to one in five parking spaces (rounded up).

For example: if a new shopping centre is being built with 100 parking spaces, the project must include the installation of at least one functional charging point and wiring to 20 parking spaces spread across the car park. This rule will ensure that the number of chargers can be increased to 20 in the future quite easily (without having to dig up the entire parking lot again). For non-residential renovations, the same numbers apply, but only if the renovation also involves the parking lot or electrical wiring (see the section on new construction vs. alterations below).

Important: For non-residential buildings, there is both a continuous obligation (for new buildings and renovations) and a one-off deadline (for existing buildings). Don't be confused by this - for example, if you own an older office building with 25 parking spaces and no charging station, you are immediately subject to the minimum requirement (1 station by 1/1/2025). At the same time, if you substantially renovate the same building after 2025, you would already have to look at it through the lens of the other provisions (i.e., add infrastructure according to the current building code and ordinance when you renovate).

Obligations for residential buildings

For residential buildings (i.e. residential buildings - apartment buildings, apartment complexes, etc.) the new requirements are more lenient. The legislators assume that in residential buildings, apartment owners will install chargers more according to the needs of specific users.

Therefore, the installation of charging stations in residential buildings is not yet required, but only the creation of a so-called passive infrastructure (preparation) for future charging.

For new residential buildings with 11 or more parking spaces, each parking space must already be connected to a cable duct (conduit) during construction to allow easy retrofitting of a charging point.

Simply put - the developer must prepare "blind" cable connections for all parking spaces in the garage or parking lot of the building. This will ensure that when tenants or apartment owners want to install charging points for their electric cars, there will be no need to cut down walls or floors for new cables; the cable routes will already be in place.

Again, the condition that the parking is inside the building or physically adjacent to the building (see below) is also applicable here, which is almost always met in apartment buildings - either the garage is part of the building or the parking space belongs to the building on an adjacent lot.

Existing residential buildings (as opposed to non-residential buildings) are not required to install a charging station by 2025 unless they voluntarily choose to do so. There is no direct one-time deadline for retrofits.

However, if a renovation of a residential building carried out after the new ordinance takes effect (i.e., after July 1, 2024) affects electrical wiring or parking spaces, and the building has more than 10 parking spaces, there will be an obligation to install conduit to all parking spaces as part of that renovation. Typically, this would be the case, for example, when overhauling a block of flats' garages or adding parking spaces.

Example: if an owner's association plans to upgrade the underground garage in a 20-space apartment building, it must also ensure that after the renovation, cable runs for future chargers will run to each space. Again, they do not have to install the charging stations right away - just prepare the wiring.

In summary, for residential developments, the law provides for mandatory "pre-installation" of cabling to allow for the easy development of electromobility, but does not yet mandate the installation of the actual chargers in each house.

In practice, however, many developers are already opting to install at least a few charging stations in residential projects as well, in order to increase the attractiveness of the new building for future homeowners. Legislation does not prevent them from doing so, of course - it only sets a minimum that must be met.

Legal framework: section 167 of the Building Act and Decree 146/2024 Coll.

The new obligations are enshrined in the Building Act (Act No. 283/2021 Coll.) and its implementing Decree No. 146/2024 Coll. on technical requirements for construction. Section 167 of the Building Act sets out the general obligation and the deadline, while the details (such as thresholds for the number of stands, technical details of cable ducts, etc.) are set out in the aforementioned decree.

• Section 167(1)(e) of the Building Act now stipulates that "the owner of a building or installation shall ensure the installation of at least one charging station by 1 January 2025 if he is the owner of a building other than a residential building with more than 20 parking spaces, under the conditions laid down in the implementing legislation" . This sets out the basic obligation for non-residential buildings and also refers to the implementing regulation to specify the conditions. The implementing regulation is Decree No 146/2024 Coll., effective from 1 July 2024, which, in Article 61, sets out specifically what new buildings and renovations must contain.

In the decree we read that a new non-residential building or a substantial modification thereof with more than 10 parking spaces must have "at least one charging point and wiring for the later installation of a charging point for every fifth parking space", if the parking lot is inside or physically adjacent.

A new residential structure or alteration with more than 10 stalls must then have "conduit for each parking space for the later installation of a recharge point " under similar parking lot location conditions. The ordinance also confirms the 7% exception in paragraph (3) of Section 61 : those requirements do not apply to a renovation if the cost of compliance (i.e., constructing the charging point and wiring) would exceed 7% of the total cost of the alteration in question.

An important aspect of the implementing decree is that it does not specify in detail the parameters of the ducts and charging points beyond the general definitions. It does not say, for example, what power the installed charger must have, what exact types of sockets to use, etc. - it leaves it up to the investor to choose a solution that is in line with the standards and the purpose. For example, the decree only states in general terms that "a normal AC charging point must be equipped with at least a type 2 socket" , but it is up to the owner whether to set up an 11 kW wallbox or a faster 22 kW stand.

A cable duct is defined as a structurally dedicated space for running cables so that they can be installed or replaced at a later date - again without specific technical details to constrain the solution. This gives the owners some freedom, but within the limits of the applicable technical standards (e.g. the wiring must meet CSN standards for safety).

What does the term "physically adjacent to the building" mean?

The phrase "physically adjacent to the building " is unclear at first glance. But you don't have to worry that it only means a car park literally stuck to the building. The interpretation is functional rather than literal - the aim is to capture car parks that belong to the building and normally serve its users, even if they are not structurally part of the building.

In other words, if you have, for example, an office building and next to it (on the same lot or in the immediate vicinity) a parking area reserved for office tenants, then that parking is "physically adjacent" to the building - even if there is, say, a narrow road or sidewalk between the two. Conversely, if the parking were completely separate, in a different location on the property with no relationship to the building, or public parking further away from the building, it might no longer be considered "physically adjacent".

The law does not define this term in an exact way, so in borderline cases the assessment may be up to the building authority. However, it is generally recommended that the term be interpreted broadly - so that any parking primarily intended to serve the needs of the development would be considered. Purpose built should not be able to avoid the obligation by 'offsetting' the car park by a few metres.

Thus, if a building uses a particular set of parking spaces (perhaps even a covered parking space next to the building), you'd better assume that they are part of the building in terms of this obligation.

New buildings vs. alterations to completed buildings: what to watch out for

The new requirements will apply slightly differently depending on whether it is a new construction or a modification (renovation) of an existing building. This distinction is key because it affects when and how you must provide charging infrastructure.

New Buildings

If you are designing a new building, the requirements for charging stations and cabling are automatically part of the permit and approval conditions. From 1 July 2024, the building authority will check whether the design complies with the provisions of the ordinance (i.e. whether it includes charging points and cabling to the extent required if the building is to have the required number of parking spaces).

Failure to do so would constitute non-compliance with the technical requirements for buildings, which may prevent the issuance of a building permit or approval. There is no financial exemption for new buildings - even if the addition of infrastructure constitutes a significant budget item, the law does not allow for an exemption from the obligation (the 7% exemption only applies to alterations to buildings). Therefore, development projects must take these costs into account in advance. It is worth involving charging technology specialists in the planning of electrical installations to design a scalable system that complies with the decree.

Alterations to completed buildings (renovations)

For existing buildings, the obligation to install charging infrastructure only arises in the case of major interventions to the building. The law refers to "alteration of a completed building", which typically means a renovation requiring a building permit or notification.

Importantly, in order to require the installation of charging points or conduits, the renovation must also involve the parking lot or electrical wiring of the structure. So, for example, if you are changing the layout of the inside of an office building, but you are not going to make any changes to the parking or electrical wiring of the garage, you don't have to add a charging point out of the blue. The obligation would only arise when you include in the project, for example, an extension of the parking lot, new electrical wiring in the garage, etc. In that case, you would then have to comply with the same requirements as for a new building - i.e. a minimum of one substation (for non-residential) and the appropriate number of conduits.

Exception for costly reconstructions

As already mentioned, the law also considers situations where retrofitting a building with chargers would be economically unreasonable during renovation. If the calculated cost of installing the charging point and the necessary electrical wiring exceeds 7% of the total cost of the renovation, the obligation does not apply to such a change to the building. This is a relief for cases where, for example, you are renovating a small part of a building and the installation of EV infrastructure would actually be a larger project than the original renovation itself.

Please note: You must prove this relief where applicable - i.e. provide a budget for the renovation and a calculation that the 7% is exceeded. Also, it only applies to renovations, the 7% cannot be claimed for new buildings.

So in practice, always plan a new building to meet the charging requirements. For renovations, consider the scope - if you're just going to paint the offices, there's no obligation; but if you're renovating a garage or expanding a parking lot, be sure to include charging infrastructure in the design, or you risk having to modify the design after the fact.

Exceptions to the obligation (costs above 7% and other possible reliefs)

The most significant exception, as already mentioned several times, is the 7% financial threshold for alterations to completed buildings. If the adaptation of a building to electromobility should make the renovation project more than 7% of the total cost, you do not have to carry it out. This clause mainly protects smaller investors from disproportionate burdens in cases where, for example, a single charger would require a major reinforcement of the building's electrical connection, changes to substations, etc. - which could easily exceed the percentage limit for a smaller renovation.

However, it should be stressed that the 7% exemption applies only to renovations, not to new construction. In the case of new builds, the requirements are assumed to be included in the design and cannot be excluded because of the cost - they simply have to be taken into account at the planning stage. For refurbishments, if you wish to appeal for an exemption, we recommend that you have careful documentation of the costs.

The building authority or other inspection body might want to see how you arrived at the figure. For example, it would be helpful to have an itemized budget that clearly quantifies how much it would cost to install the charger and cable routes, and that it is more than 7% relative to the total investment.

There are also other minor exceptions or clarifications in the law and the ordinance: for example, the obligation does not apply to a "small building", but this is more of a formality - a small building is a very small building that usually does not even have that many parking spaces (typically a garden house, etc.). Also, single-family homes as such are not addressed by these regulations because they only have a few parking spaces and are not a "multiple dwelling structure" or "other than a dwelling" in the sense given.

So for most conventional commercial and residential buildings, if they amount to 11 or more parking spaces, you have to comply with the legal requirements (with the only possible exception for renovations due to cost). Smaller buildings (up to 10 parking spaces) are exempted from the requirement altogether - the law set the threshold deliberately so as not to complicate the situation where the impact is marginal.

Technical maintenance and inspection of charging stations (additional owner's obligations)

The installation of a charging station or preparation is not the end for the property owner. It is important to remember that charging stations are technical installations which are subject to additional regulations in terms of operational safety. Act No. 250/2021 Coll. on occupational safety in connection with the operation of reserved technical equipment imposes an obligation on operators of electrical equipment (which includes more powerful charging stations) to ensure proper maintenance and regular inspections of such equipment by professionally qualified persons.

This means that once a charging point has been commissioned, it must be maintained on an ongoing basis in a similar way to, for example, a lift or boiler room. In particular, carry out electrical inspections according to the applicable standards (usually at intervals of once a year or every few years, depending on the type of equipment and the environment) and keep the station in a safe condition. Failure to comply with these obligations can lead both to danger to users (risk of electric shock, fire, etc.) and again to penalties under the Restricted Equipment Act. For example, if a fire is proven to have occurred due to neglected maintenance of the charger, the insurance company or authorities will judge this very severely.

The technical and safety risks associated with the operation of charging stations cannot be underestimated. Therefore, we recommend that you establish a service contract with a professional company immediately after installation or ensure that your building manager has an agenda including keeping an eye on inspection dates. At the same time, all new equipment connected to the mains must pass an initial inspection before being commissioned - keep this in mind when scheduling so that you can get an inspection report before opening or using the building.

Tip: Law 250/2021 has also introduced a categorisation of equipment according to the level of risk. Most common wallboxes and charging stands fall into the category of dedicated low-voltage electrical equipment, which requires regular supervision. This is not an administrative triviality, but about ensuring safe operation - which is also in your own interest.

Risks of non-compliance (penalties, complications, extra costs)

New obligations are enforceable - so it is not just a "recommendation". If the building owner ignores the legal requirements, he/she exposes himself/herself to several types of risks:

• Sanctions from the authorities: failure to install a charging station is an administrative offence (misdemeanour). The Building Act allows for a fine of up to CZK 400,000. This sanction is particularly likely for that one-off obligation on 1 January 2025 - after that date, the building authority or inspection can check whether large non-residential buildings have at least one charging station. Similarly, when approving new buildings or inspecting renovations, the authority may insist on the completion of the missing infrastructure or impose a fine for breach of building regulations. The fine is annoying in itself, and it may be repeated if remedies are not agreed.
• Prolongation and complication of the procedure: for developers and owners, the risk that non-compliance will lead to delays in the permitting process is perhaps even more daunting. For example, if you fail to include mandatory charging points in your project, the building authority will not allow you to build until you modify the project. This means delays or the need to rework the documentation at an advanced stage. Similarly, in the case of building approval - approval may not be granted if an inspection finds that the building does not have the facilities required by the ordinance (e.g. missing wiring in the garage). Such delays may mean loss of projected revenue, complications with tenants etc. Therefore, it is better to avoid it by consistently complying with the requirements.
• Additional costs: when a requirement is forgotten or deliberately omitted and then has to be fulfilled after the fact, it usually costs much more money than if everything had been done right the first time. The additional installation of cable routes in a completed building can mean demolition, cutting into walls or floors, re-painting, interrupting building operations during the modification period, etc. The cost of materials and labour will then increase significantly compared to when the cables are laid during construction. In addition, if penalties come in, add a fine. Often, getting technicians on short notice or in limited operation also runs the risk of costing more (e.g., night work in garages to minimize tenant disruption). So from a financial point of view, it makes sense not to delay performance - you save money in the end.
• Reputational and operational risk: Last but not least, ignoring obligations can also damage your reputation or relationships with building users. Tenants of modern offices today expect a certain level of facilities - if they find that your building does not respect legal standards (e.g. missing what should already be there), it can cast a bad light on your facilities management. Also, imagine the inconvenience if an inspection restricts parking operations due to a missing charger or orders you to replenish equipment at an inappropriate time. These are all unnecessary complications that can be avoided by preparing early.

Emotionally speaking - failure to comply with legal requirements can backfire. Initially you may save a few pennies or a little time, but subsequently you may spend months troubleshooting problems, explaining to the authorities why it is not complied with, and in the end you will have to install the charging station anyway, only with more stress and expense. That's why it's better to take this obligation seriously from the outset.

Recommendation in conclusion: deal with everything in time and get help from experts

Don't underestimate these new responsibilities. The timetable is relentless, especially for owners of existing buildings - if you are concerned about installing a station by the end of 2024, act immediately. It's not advisable to wait until the last minute, as finding a charging station supplier over the Christmas holidays could be tricky.

In addition, the capacity of electrical installation companies may be overstretched towards the end of the year, given that many entities will be dealing with the same thing. Once 2025 rolls around, your subject may be brought to the attention of a competitor or anyone - and the authorities can then take action.

For developers and investors preparing new projects: include an EV solution in the initial plans. Consult with planners and technical experts on how best to meet the requirements - there are often smart solutions that both comply with the law and are cost-effective (e.g. preparing several modular charging points that can be easily expanded if needed).

Keep in mind that well-designed infrastructure can increase the value of a property and make it "future-proof" for years to come. A modern building without EV charging capability will be at a disadvantage in the market in a few years.

Whether you are a building owner or a developer, definitely don't hesitate to enlist the expert help of lawyers and technical specialists. A lawyer is familiar with current regulations and can help you correctly interpret what applies to your particular case. For example, they will assess whether your parking lot falls under the "physically adjacent" case, whether you can claim any exemptions, or exactly what time limits apply.

It can also help you prepare contract documents with contractors so that the responsibility for compliance is clearly set out (e.g., in the contract with the general construction contractor, enshrine the establishment of charge points as required by law).

At ARROWS, we have extensive experience with building regulations and technical infrastructure issues - we have helped a number of clients from developers, shopping centre owners and condominium associations prepare for new obligations.

You will also appreciate our legal assistance in the event of a dispute or proceedings with the authorities. If, for example, you are threatened with a fine or the building authority claims you have failed to comply with an obligation, a lawyer can communicate effectively with the officials, provide the necessary evidence (such as a costing to claim the 7% exemption) and minimise the impact.

The aim is for you to be able to run your business and manage your property without worry, while the legal and administrativeities are kept under control.

Conclusion

The amendment to the Building Code, effective from 2025, represents a step towards modern infrastructure supporting electromobility. For building owners this means new obligations, but also an opportunity to increase the attractiveness of their buildings. By complying with the requirements, you can get ahead of the competition and avoid penalties and stress.

Address everything in advance - ideally in collaboration with experts. If you're not sure how the new regulations apply to you or how to meet them in practice, contact us.

At ARROWS law firm, we'll be happy to advise you and guide you through the entire process, from planning to final review of your charging station. This way, your property will be ready for an electric future in accordance with the law, and you can sleep soundly knowing that you are not at risk of fines or unnecessary complications. Leave the legal worries to us and concentrate on your core business - we will ensure that your buildings are legally well prepared and safe.

Contact us for a consultation or for more information - we are here to help you handle new challenges and responsibilities with confidence. Your journey to electric mobility can be smooth and seamless when you know you have an experienced legal partner by your side.