Do I need the consent of the condominium owners to build an electric car charging station?

The megatrend of sustainability is leading to many changes; these can be seen above all in the area of automobile traffic. The demand for electrically powered vehicles is growing strongly from year to year. This also increases the demand for charging stations. If charging stations are to be erected in a garage or car park of a condominium building, the question arises whether the consent of the other condominium owners is required to build such a charging station. 

The ownership situation of the garage or car park must be clarified in advance. In principle, such premises are always in the possession or in special co-ownership of the condominium owners’ association. This means that all condominium owners are basically co-owners of the garage or car park. On the basis of further contracts, this space is then usually divided into different sections, such as parking spaces. The co-owners then have a right of use on these sections, which enables them to use the space in accordance with the contract. In the case of parking spaces, this usually includes parking the car. Any other use, such as a conversion, is not included in the right of use.

Therefore, when installing a charging station for an electric vehicle, it is necessary to obtain the consent of the floor owner’s association. This is achieved by submitting a building application to the co-owners’ association and then voting on it at the co-owners’ meeting or, indeed, the condominium owners’ meeting. 

Depending on the interpretation, the vote itself depends on whether a simple majority or a qualified majority is required. This is made dependent on whether the construction of a charging station is called luxurious, necessary or useful. In my opinion, the construction of a charging station for electric cars is a useful structural measure. This means that a qualified extra is required at the floor owner’s meeting.

When deciding on the construction of such charging stations, the question must also be asked whether this should be done for all parking spaces. This is due to the fact that more and more electric cars will be in circulation in the future.