The requirement of charging points at residential parking spaces in the three regions

The framework under the Energy Performance of Buildings Directive

In light of climate goals, the EU adopted Directive 2018/844, which modifies the Energy Performance of Buildings Directive (Directive 2010/31, ‘EPBD’), and stipulates that all new residential buildings or buildings undergoing major renovations, with more than ten parking spaces, should provide for the installation of cable infrastructure (conduits for electric cables) to allow for the installation of electric charging points at a later stage for all parking spaces.

The Directive has been implemented at regional level – resulting in three different legal regimes: one for the Flemish region, one for the Walloon region and one for the Brussels Capital region (see below).

Current obligations for residential buildings in Belgium

Below you can find an overview of the obligations regarding charging stations for residential buildings in the three regions of Belgium as they stand today:

1. The Flemish region

As from 11 March 2021, new residential buildings with a car park of two or more parking spaces must be equipped with cable infrastructure (at least conduits for electric cables) to allow for the installation of normal or high-power charging points for electric vehicles at all parking spaces at a later stage.

Existing residential buildings undergoing major renovations which have a car park with more than ten parking spaces must also be equipped with cable infrastructure (at least conduits for electric cables) to allow for the installation of normal or high-power charging points for electric vehicles at all parking spaces at a later stage (Article 9/1.1.3 of the Decision of the Flemish Government on Energy Policy).

Although existing non-residential buildings with more than twenty parking spaces will be subject to additional obligations concerning the installation of charging points as from 1 January 2025 (see our previous newsflash), this is not the case for existing residential buildings.

While the Walloon region and Brussels Capital region provide specific rules for mixed-use buildings, this is not the case for the Flemish Region.

2. The Walloon region 

As from 11 March 2021, the construction of new residential buildings or residential buildings undergoing major renovations with more than ten parking spaces, must be equipped with cable infrastructure to allow for the installation of charging points for electric vehicles at all parking spaces at a later stage (Article 13/2 of the Walloon EPB Decree of 28 November 2013).

In mixed-use buildings consisting of areas for individual housing and non-residential areas or areas for collective housing, the above obligations will apply if the total surface of the areas for individual housing supersedes the total surface of the non-residential areas or areas for collective housing. If the total surface of the non-residential areas or of the areas for collective housing supersedes or is equal to the total surface of the area for individual housing, the obligations for non-residential buildings will apply (Article 13/3 of the Walloon EPB Decree of 28 November 2013).

Although existing non-residential buildings with more than twenty parking spaces will be subject to additional obligations concerning the installation of charging points from 1 January 2025 (see our previous newsflash), this is not the case for existing residential buildings.

3. Brussels Capital region 

For the Brussels Capital region, the Brussels Parking Decision stipulates that since 10 March 2021, every ‘new car park’ must be equipped with at least one charging point for electric vehicles, a technical room for a high-voltage cabin to connect charging points to the electrical grid, and the necessary conduits for electrical cables that will allow for the subsequent installation of charging points at all parking spaces at a later stage (Article 17-20 of the Brussels Parking Decision).

As from 1 January 2025, every residential parking space (new and existing parking spaces) must be equipped with one charging point for the residents who have access to the parking space and who have an electric vehicle, within a reasonable period of time after the resident has indicated that they have an electric vehicle. This charging point must be located at the place where the resident parks their vehicle (Article 3, §1, 2° of the Brussels Decision on charging points).

This provision does not define what should be understood by ‘a reasonable period’, how to send a notification nor if only residents can send such a notification. For example, who should request a charging point for a parking space that is owned and used by someone who is not a resident in the building? These ambiguities were also noted by the Council of State in its opinion of 3 August 2022 and will probably have to be clarified in future legislation or case law.

In the case of mixed-use buildings, the applicable obligations are determined proportionally. In the case of shared parking spaces, the highest ratio applies (Article 3, §3 of the Brussels Decision on charging points).