Legal The law and EV Derek Millard-Smith and Emily Hughes answer some quick-fire legal questions surrounding electric vehicle ownership, driving and parking charges A common theme arising from Octobers insightful BPA Annual Conference was the changing nature of parking and the mobility sector. While confidence in the public transport system is low, the pandemic sparked a dramatic increase in EV sales. As well as the pandemic, government targeting net zero carbon emissions by 2050 and the improving affordability of EVs has meant that one in 10 new cars purchased in 2021 is powered by a battery. However, while the EV market rapidly expands, the associated infrastructure is struggling to keep up. Forecasts cited by the Competition and Markets Authority suggest that between 280,000 and 480,000 public chargepoints will be needed by 2030.* A long way to go from the 25,000 currently available, especially considering that demand will only grow following the governments commitment to ban the sale of all new petrol and diesel cars by 2030. 1. Do I need planning permission to install an electrical charging outlet at home? No, provided certain requirements are met, the applicable legislation states that the installation of a wall-mounted electrical charging outlet or electrical upstand at a residential address is considered to be permitted development. For wall-mounted electrical outlets, it is permitted development provided the area is lawfully used for off-street parking, and the electrical casing and outlet must NOT: Exceed 0.2 cubic metres Face onto and be within two metres of a highway Be within a site designated as a scheduled monument Be within the curtilage (area of land attached to a building and forming an enclosure with it) of a listed building. For electrical upstands, it is permitted development provided the area is lawfully used for off-street parking, and the electrical upstand and outlet must NOT: Exceed 1.6 metres in height from the level of the surface used for the parking of vehicles The statement from the Department for Transport describes the purpose of the zero-emission zones Be within two metres of a highway Be within a site designated as a scheduled monument Be within the curtilage of a listed building Result in more than one upstand being provided for each parking space. 2. What about planning permission for EV charging points at my place of work? The position for commercial premises is the same as residential premises planning permission is not required provided the permitted development requirements are met. Remember the area must be considered off-street parking in other words, an area lawfully used for parking (such as garages or car parks) not located on the public highway. While planning permission might not be required, if you are leasing the property, you will likely require your landlords consent for alterations, so check before you start installation. 3. Can I install a EV charger myself? In theory yes, but you must comply with building regulations. It is recommended that all electrical installations are carried out by a registered competent person, being an individual registered with a competent person scheme who can self-certify 26 britishparking.co.uk PN Dec 2021 pp26-27 Legal.indd 26 22/11/2021 13:38