In August 2022, the Scottish Government announced that housebuilders in Scotland will soon be under obligation to install electric vehicle (EV) charging points with a minimum 7kW rating for new residential buildings.

In February 2023, it was confirmed that the regulations, originally scheduled to come into force in April 2023, will now apply from June 2023. More information has now been provided for developers ahead of the regulations coming into force, with the Scottish Government recently publishing their June 2023 Technical Handbook (Section 7.2 relating to EV Charging).

These plans follow the UK government’s new EV charging requirements that were introduced in England in June 2022, as part of widescale changes made to the Building Regulations, and the new Scottish regulations mirror that of the UK Building Regulations already enforced.

The introduction of these changes can be viewed as a welcome compliance-led shift towards the UK’s net zero target (something that has long been called for). However, there is the pressing issue for housebuilders of cost and the practicalities of implementing such infrastructure solutions in developments. This has become a major concern for housebuilders in the UK, which unsurprisingly led to a number of developers lobbying against the policy in England last year.

Taking onboard some of the concerns of housebuilders, the UK government sought to address these concerns by introducing exceptions in relation to the costs of installation and connection to the grid, with cost-caps of £3,600 for installation of the charge points. Similarly, the Scottish Government addressed cost concerns, confirming that it will be deemed cost-effective to install electric vehicle charging point sockets where the additional cost of providing the associated electrical supply to the development site does not exceed an average of £2,000.However, alongside the cost concerns, there are practical issues facing developers. Mandating EV charging points in homes, in a world where battery and EV technology in vehicles is moving at such a rapid and evolutionary pace, could lead to fewer homes being built due to cost and potentially leave homeowners stuck with outdated technology, thereby limiting them to the selection of EVs that are compatible with the chargers. A future-proofing solution to this is not easy, and although the government intervention does push the net-zero agenda in a positive light, it should be tempered against a knee-jerk reaction and making the best longer-term decisions.

Another concern for housebuilders is demand, with a reported (according to planning and development consultants, Turley) 43% of people confirming an EV charging point would not appeal to them when looking to buy a property. Certain housebuilders have therefore maintained that their responsibilities should end with installation of cable routes which can then be used for charging points, leaving this to the discretion of the homeowner or commercial occupier. This would allow homeowners to make the move to EVs when they are ready and should be relatively cheap from a housebuilder’s perspective. Instead, the requirement to install charging points comes ahead of significant pressure from drivers, and means homeowners are at risk of being left again with outdated technology and stranded assets, installed to meet potential demand that has not arisen in the timescales envisaged.

Despite this, there are significant factors which will undoubtedly aid housebuilders in moving forward with the regulations and ensuring that developments are taken forward in the appropriate planning context. Ensuring that they work with a reliable EV charging partner and having discussions early on throughout the land development process means that costs for EV charging can be factored in at an early stage, like other essential considerations such as water supply. As for technology concerns, much of this can be resolved with the EV charging providers software and hardware, as opposed to large scale infrastructure works.

While the enforcement of EV charging points in homes may seem slightly premature due to a lack of demand, and is no doubt costly for developers, it seems inevitable in light of recent legislation and Government actions that the roll-out of charging infrastructure will form a key pillar of reaching Net Zero and hitting relevant targets. Housebuilders will therefore be seeking a pragmatic approach to the regulations as their role in working towards Scotland’s net zero target is one of considerable importance, and working alongside electricity network operators, electricity suppliers and infrastructure providers will be essential in providing a workable and cost-beneficial solution to project design and development.

Written by

Elle Chenery

Elle Chenery

Senior Solicitor

Energy

elle.chenery@burnesspaull.com +44 (0)1224 261255

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