An update on the requirement of charging points at non-residential parking spaces in the three regions

In the light of the EU's climate goals, the EU adopted Directive 2018/844 stipulating that all new non-residential buildings or buildings undergoing major renovations with more than 10 parking spaces should provide for the installation of at least one charging point and cable infrastructure to allow the installation of electric charging points at a later stage for at least one out of five parking spaces.

In addition, the Directive imposes an obligation on Member States to adopt legislation for the installation of a minimum number of charging points for all existing non-residential buildings with more than 20 parking spaces.

The Directive was (or is still being) implemented at the regional levels resulting in three different legal regimes for the Flemish, Walloon and Brussels Capital region.

Flemish region

Since the 11^th of March 2021 both new non-residential buildings and existing non-residential buildings undergoing major renovations with a parking lot with more than 10 parking spaces, must be equipped with at least two charging points and cable infrastructure (at least gutters for electric cables) for one in four parking spaces (Art. 9/1.1.1 of the Decision of the Flemish Government on Energy Policy).

Moreover, the decision of the Flemish Government on energy policy stipulates that at least two charging points should be provided for existing non-residential buildings with more than 20 parking spaces as of the 1^st of January 2025 (Art. 9/1.1.2 of the Decision of the Flemish Government on Energy Policy).

Walloon Region

For the construction or major renovation of non-residential buildings with more than 10 parking spaces, as of the 11^th of March 2021, one charging point must be provided as well as the cable infrastructure for one out of five parking spaces in order to be able to connect additional charging points at a later stage (Art. 13/1 Walloon EPB-Decree).

Regarding the required charging points for existing buildings, an executing decision has to be adopted by the Walloon Government. Up to now, no such decision has not yet been adopted. Currently, the draft decision of the Walloon Government had a first reading on 1^st of July 2021. This draft decision provides that, as from the 1^st of January 2025, non-residential buildings with more than 20 parking spaces would have to be equipped with at least one charging point and connection infrastructure for one out of every five parking spaces. This draft decision can still be modified throughout a second reading and the advice of the Council of State, which currently still has to be obtained.

Brussels Capital Region

For the Brussels Capital Region, the Brussels Parking Decision stipulates that since the 10^th of March 2021, every new parking must be equipped with at least 1 charging point for electric vehicles, a technical room for a high-voltage cabin to connect the charging points to the electrical grid and the necessary shafts for the electrical cables that will allow the subsequent installation of a charging point for each parking space at a later stage (article 17-20 Brussels Parking Decision).

For existing parkings, the required minimum number of charging points are not yet determined, as this requires an executing decision from the Brussels Government.  Currently, a draft decision had a first reading on the 17^th of February 2022. This draft decision indicates that the Brussels Capital Region will determine the required minimum number of charging points based on minimum percentages of the total number of parking spaces that were permitted in the environmental permit. The text of the draft decision currently provides for the following percentages:

This draft decision can still be modified throughout a second reading and the advice of the Council of State.