Update on the requirement of charging points at non-residential parking spaces in the three regions
04 Sep 2023
In our newsflash on 7 April 2022, we gave an overview of the state of affairs in the three Belgian regions regarding the requirement of charging points for both new and existing non-residential buildings with parking spaces. Below, we give an update on this topic and touch upon the upcoming revision of the Energy Performance of Buildings Directive.
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 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 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 has been implemented at regional levels – resulting in three different legal regimes for the Flemish, Walloon and Brussels Capital region (see below).
Upcoming revision of the EPBD
The European Parliament adopted in March 2023 its proposal for the revision of the EPBD in a first reading. Currently, the European Council, European Parliament and European Commission are discussing the revision of the EPBD in so-called “trilogues”.
While the current EPBD imposes obligations for all new non-residential buildings or buildings undergoing major renovations with more than 10 parking spaces and existing non-residential buildings with more than 20 parking spaces, the upcoming revision seems to already apply these obligations to new buildings or buildings undergoing major renovations that have more than five parking spaces, and existing buildings with more than 10 parking spaces (where technically and economically feasible). The draft text of this revision as adopted by the European Parliament currently stipulates the following:
“1. With regard to new non-residential buildings and non-residential buildings undergoing major renovation where that renovation includes the car park or the electrical installations of the building, with more than 5 parking spaces (where the car park is located inside the building, is physically adjacent to, or has a clear link with the building), Member States shall ensure the installation of:
(a) at least one charging point for every 5 parking spaces;
(b) pre-cabling for every parking space to enable the installation, at a later stage of charging points for electric vehicles, electrically power-assisted cycles and other L-category vehicles types; and
(c) bicycle parking spaces representing at least 15% of total user capacity of non-residential buildings, taking into account the space required also for bicycles with larger dimensions than standard bicycles.
Member States shall ensure that the pre-cabling is dimensioned so as to enable the simultaneous and efficient use of the expected number of recharging points and support, where appropriate, the installation of a load or charging management system, to the extent that this is technically and economically feasible and justifiable.
By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than 5 parking spaces, Member States shall ensure the installation of at least 1 recharging point for every 2 parking spaces.
2. With regard to all non-residential buildings with more than 20 and, if technically and economically feasible, 10 parking spaces, Member States shall ensure the installation, by 1 January 2027, of at least one recharging point for every ten parking spaces, and bicycle parking space, representing at least 15% of the total user capacity of the building and with space required also for bicycles with larger dimensions than standard bicycles.”
It is unclear when the trilogues will end and when the revision will be adopted. We expect that the final decision on the revision will take place either this year in Q4 or Q1 next year. Afterwards, this new legislation will have to be adopted into national/regional legislation by each member state.
Current obligations for non-residential buildings in Belgium
Below you can find an overview of the obligations on charging stations for non-residential buildings in the three regions of Belgium as they stand today:
Flemish Region
From 11 March 2021, both new non-residential buildings and existing non-residential buildings undergoing major renovations that have 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).
The Decision of the Flemish Government on energy policy stipulates that at least two charging points have to be provided for existing non-residential buildings with more than 20 parking spaces as of 1 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 11 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 of the 28 November 2013).
Regarding the required charging points for existing non-residential buildings with more than 20 parking spaces, the Walloon Government added with its Decision of 11 January 2023 an article 19/4 to the Walloon EPB-Decision of the 15th of May 2014 which stipulates that at least one charging point and connection infrastructure for one out of every five parking spaces have to be provided as of 1 January 2025. The affected parking spaces have to be situated within the non-residential building or adjacent to the non-residential building.
Brussels Capital Region
For the Brussels Capital Region, the Brussels Parking Decision stipulates that since the 10th of March 2021, every ‘new parking’ 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 shafts for 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). Following the Brussels Decision on charging points as of 29th of September 2022, the following minimal percentage of charging points must be applied as of 13th of November 2022 for every new parking related to non-residential buildings (art. 3, §2 Brussels Decision on charging points):
Car Parks of office buildings: 30% of the total number of parking spaces permitted in the environmental permit
Other non-residential car parks: 20% of the total number of parking spaces permitted in the environmental permit
For existing car parks, the required minimum number of charging points are determined in the Brussels Decision on charging points. The required minimum number of charging points is based on minimum percentages of the total number of parking spaces permitted in the environmental permit. The Brussels Decision on charging points stipulates the following percentages (art. 3, §1 Brussels Decision on charging points):
| Parkings of office buildings | Other non-residential parkings |
|
By 1st of January 2025 |
10% with a minimum of 2 charging points |
5% with a minimum of 2 charging points |
By 1st of January 2030 |
20% |
10% with a minimum of 2 charging points |
By 1st of January 2035 |
30% |
20% |
If you have any questions regarding the implementation of these rules, please don’t hesitate to contact our team.
