Installing a home EV charger isn’t just a matter of plugging it in and going – there are a number of rules to keep in mind, or you could be subject to legal action.
But it’s not just the unlimited fines and potential criminal record you need to be wary of; A non-compliant installation can also invalidate your home Insurance And that creates problems when it comes to selling or reorganizing.
To help you avoid unwanted legal consequences, we spoke with three attorneys, who shared the five biggest home EV charging mistakes below.
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1. Behind a charging cable on a pavement
Problem: If your charging cable runs through the pavement, it is blocking a public highway without lawful authority under the Highways Act 1980.
“Whether a cable is considered an illegal obstruction depends on factors such as: how busy the pavement is; whether wheelchair users or visually impaired pedestrians are affected; how long the cable remains; and whether any protective cable cover sufficiently reduces the risk,” explains Anna Fouracre, planning partner. Keystone Law.
Result: You may need to remove the cable immediately or the local council may take enforcement action.
Anna is an experienced planning law specialist who advises on a wide range of planning matters. Its sector focus includes residential development, strategic land, build-to-rent, energy and infrastructure.
2. Installing charger without required permissions
Problem: While many EV chargers are installed below Approved development Rights and planning permission are not required, says Anna Fouracre, but it’s a different story if:
- The property is a listed building
- The property is in some protected areas
- The charger exceeds the permitted development limit
- The installation forms part of a larger development
Result: A local planning authority can investigate development, request the submission of a retrospective planning application, issue a planning enforcement notice requiring modification or removal.
A planning breach is usually not a criminal offence, but if you fail to comply with enforcement, it can turn into one, explains Anna.
Consequences for listed property are “significantly more serious” and you can face criminal prosecution, unlimited fines or imprisonment in the most serious cases.
3. Excavating or modifying the pavement
Problem: As public pavements are usually maintained by the local highway authority, Anna Foraker explains that it is generally illegal to dig into them, cut channels for cables or install conduits without permission.
Result: You may be issued with an immediate stop-work order, have to restore the pavement at your own expense, be charged repair costs by the Highways Authority or be prosecuted for unauthorized street works. You may also be held responsible if any mishap occurs.
4. Installing chargers that do not comply with building regulations
Problem: EV chargers should not be treated like a regular home appliance – they need to be professionally installed to comply Building Regulations 2010.
Result: At Joe Pepper, Partner Bridge McFarlandSays a local authority can take enforcement action under the Buildings Act 1984, including requiring non-compliant work to be removed or replaced.
“In appropriate cases, breaches of building regulations can also expose the person responsible to prosecution and financial penalties,” he adds.
Joe Bridges is a partner at McFarland, one of Lincolnshire’s largest law firms. It supports all types of clients from single property deals to multi-crore property developments from concept to completion.
5. Making or using an unauthorized vehicular crossing
Problem: If you’re regularly driving on a kerb, footway or verge without an authorized crossing, it could land you in trouble with the highway authority.
Result: According to Alex Harvey, Head of General Litigation HCB Widow MasonYou may be required to construct an approved crossing or pay the cost of the work.
If the crossing has damaged the highway, Alex adds, you’ll also have to cover the cost of repairs, which is why it’s always worth getting approval first. Our guide to Curb planning permission waived Explains what you need to know.
Alex Harvey is Head of General Litigation at HCB Widows Mason.
The best way to avoid these home EV charging mistakes is to work with a qualified installer who knows the rules and regulations you need to follow.
For more advice, read four Things I wish I knew before installing an EV charger or search Can you cover the EV charger?.
