Electric vehicle (EV) charging is no longer optional in many property developments. However, it is a core property risk issue, not just a sustainability initiative. This important and emerging topic featured at our Property Risk Conferences. This briefing highlights discussions from the conferences, reflecting ways to integrate EV charging risks into property safety, legal and asset management frameworks to ensure best outcomes.

As EVs continue to grow in popularity, the infrastructure supporting them has expanded rapidly across homes, workplaces, and public spaces. The rapid rollout of EV charging infrastructure across offices, car parks and mixed use developments creates material legal exposure for corporate building owners and occupiers.

The UK is committed to the further expansion of its EV charging network as part of its wider net zero strategy, and its aim to end the sale of new petrol and diesel cars and vans by 2030. There is a particular focus on electrifying commercial sites and workplaces as part of that. Business rates relief for commercial sites installing EV charging points was announced by the UK government in its Autumn 2025 budget, with several grants and interest free loan schemes available to businesses to cover initial costs of installation.

Industrial estates, multi-storey car parks and multi-tenanted office buildings with accompanying car parks are currently considered ideal sites for EV charging points. Although generally safe when properly designed, installed and maintained, they introduce distinct health and safety risks for property owners, landlords and managing agents, particularly when installed within commercial and mixed-use assets.

While public policy strongly encourages installation, the legal risk sits disproportionately with the “responsible person” for any building. The most significant risks fall into three categories: fire safety and other risks created by EV infrastructure, regulatory non compliance, and allocation of responsibility and cost.

Fire risks associated with EV charging

The primary and evolving risk is fire arising from lithium-ion battery failure, electrical faults or poor installation. EV fires behave differently from traditional internal combustion vehicle fires, particularly due to the risk of thermal runaway, re-ignition after any event and initial suppression (hours or even days later), and the generation of toxic gases in enclosed spaces.

Lithium-ion batteries power most rechargeable devices now, including mobile phones, electric toothbrushes, toys and vapes, as well as e-bikes, e-scooters and EVs. The risk of lithium batteries catching fire was most recently in the spotlight after the fire on Union Street in Glasgow, which caused extensive damage and saw Glasgow Central train station closed fully for several days and only fully reopened two weeks later. The fire was reportedly started by a lithium-ion battery in a vape shop located in one of the units within the premises and spread rapidly to other parts of the building and neighbouring buildings.

Although the most high-profile fire in recent times, the Glasgow Central train station fire was not an isolated incident. Data recently gathered by the global business insurer QBE via freedom of information requests reveals that fire services were called to 1,760 fires linked to lithium-ion batteries in 2025, with fires linked directly to EVs during that same period rising by 133%.

Fire from lithium-ion batteries can present different challenges to conventional fires. They tend to be more resistant to suppression, because they are designed to be protected from water, but generate intense heat, reignite, and can result in fire conditions that are difficult to bring under control. These unique challenges were evident during the recent fire in Glasgow Central train station, with Scottish Fire and Rescue Service taking days to bring the fire under control, and parts of the street due to remain blocked off until July whilst structural damage is assessed and demolition works occur.

Certain environments and practices can increase the fire risk, including installing chargers in confined spaces such as garages or underground car parks without sufficient ventilation, charging extension leads or adaptors (which are not designed for sustained high loads), lack of regular inspection and maintenance, and poor cable management.

Even where fire risks associated with EV batteries may be regarded as low, the consequences are significant and as was seen in Glasgow Central train station, will be high impact.

Electrical and infrastructure damage 

EV charging can introduce significant electrical and infrastructure risks primarily due to sustained high power demand interacting with potentially inadequate or poorly designed systems. 

Key risks include circuit overloading, overheating, and increased fire potential where electrical capacity has not been properly assessed or upgraded. Faulty or non-compliant installation, damaged equipment, and poor maintenance can lead to electric shock, short circuits, and equipment failure. From an infrastructure perspective, insufficient grid capacity, outdated distribution boards, lack of load management, and improper cable routing or environmental protection can compromise system integrity and reliability. This is a particular issue for older buildings, where the existing infrastructure may not support EV charging without upgrades. 

Water exposure and weather conditions 

EV charging infrastructure is also vulnerable to water ingress and adverse weather conditions, which can compromise electrical safety and system reliability. Key risks include moisture penetration into charging units or connectors, leading to short circuits, corrosion, insulation failure, and increased fire or electric shock risk. Additionally, ice, snow, and high winds can damage cables, loosen connections, or create physical hazards. Without robust weatherproof design, correct installation, and regular inspection, environmental exposure significantly increases the risk of electrical faults, service disruption, and safety incidents.

Liability exposure

UK health and safety legislation applies to EV charging and infrastructure in addition to specific regulations on electricity and fire safety legislation. Failing to comply with health and safety legislation can give rise to criminal liability with the potential for unlimited financial penalties and imprisonment for individuals.

The legal framework relating to EV charging spans multiple stakeholders including managing agents, occupiers, tenants and charging operators. Generally, the person responsible for the property is legally required to carry out and keep under review a suitable and sufficient assessment of fire risks and to take reasonable steps to mitigate any risks identified. Legal risks give rise to the potential for exposure when responsibility for safety, maintenance, costs and liability is unclear.

Introducing EV charging points without reassessing fire risks creates significant exposure to enforcement action, civil claims, commercial claims and insurance disputes.

Non-compliance with UK health, safety and fire regulations, or unclear lines of control and responsibility for a property or asset, may result in building control refusal or enforcement and liability for unsafe electrical installations with potential exposure for landlords, tenants and managing agents. It is also reasonable to expect increased scrutiny from insurers and lenders during due diligence.

Key liability impacts include:

  • Fire incidents
  • Cyber security threats and attacks
  • Personal injury claims for damages
  • Property or asset damage claim
  • Business interruption
  • Extended building downtime and loss of income
  • Insurance claims
  • Commercial disputes
  • ESG credibility and reporting risk
  • Reputational damage, including negative impact on investor and lender confidence.

Top tips for managing the risks 

The risks of EV charging can therefore present a significant challenge and proactive risk management from an early stage is recommended across key stakeholders.

Practical steps that can be taken to manage the risks are: 

  • Fire Risk Assessment (“FRA”) – these should be reviewed regularly, and a new FRA should be undertaken upon the installation of any EV charging points to ensure that appropriate control measures are implemented. The landlord for the premises will often have overall responsibility for carrying out or otherwise instructing the FRA, but all parties deemed to have control in whole or in part of a premises will have duties to co-operate and co-ordinate with one another in relation to the assessment of fire risks. 

  • Install appropriate fire detection systems and ensure access to suitable fire extinguishers (e.g. water or specialist lithium-ion systems). 

  • Use certified equipment and contractors – only install chargers that meet recognised safety standards, include built-in safety features such as temperature monitoring and automatic shut-off, and ensure competent contractors are engaged to carry out the installation. 

  • Regular inspection and maintenance – consider introducing planned preventative inspection and maintenance regimes and carry out routine checks of cable condition, connector integrity and signs of overheating or wear.  

  • Maintain adequate spacing between charging bays and ensure good airflow in enclosed charging areas (including underground or multi-level car parks). 

  • Ensure clarity in commercial agreements – parties should check title deeds prior to any installation, and ensure clear demarcation of responsibilities as between landlord, tenant (and in some cases asset manager), setting out clear lines of control and ongoing responsibilities in lease documentation for installation, maintenance, fire risk and insurance.

  • Building owners should consider costs prior to installation, and whether those can be passed on to tenants under the lease, whether they have the necessary property rights to install EV charging, if cooperation will be needed from neighbours or tenants, and any access rights that may be required to use the EV charging points.

  • Update leases and any licences to deal expressly with EV infrastructure.

  • Consider separating metering or smart charging arrangements to avoid utility cost disputes.

  • Ensure any EV charging operators contracts include indemnities aligned with the property’s fire and safety duties.

Stakeholders who understand the risk impact associated with EV charging and who integrate EV charging into their property safety, legal and asset management frameworks are best placed to mitigate the significant risks while supporting the UK’s transition to EVs.

Please get in touch with our health and safety specialists who can support and give advice on managing this core property risk issue. From advising on fire safety to cooperation with stakeholders, to ensuring appropriate lease documentation or responding and supporting investigations in the event of an incident, we can help.

Written by

Lynne Gray

Lynne Gray

Partner

Health & Safety

lynne.gray@burnesspaull.com +44 (0)1224 618 511

Get in touch
Steven Guild

Steven Guild

Partner

Real Estate Litigation

steven.guild@burnesspaull.com +44 (0)1224 618599

Get in touch
Lynne Moss

Lynne Moss

Director

Health & Safety

lynne.moss@burnesspaull.com +44 (0)1224 618542

Get in touch
Laura Milne

Laura Milne

Senior Associate

Dispute Resolution

laura.milne@burnesspaull.com +44 (0)1224 618 560

Get in touch
Eilidh McSherry

Eilidh McSherry

Senior Solicitor

Dispute Resolution

eilidh.mcsherry@burnesspaull.com +44 (0)131 370 8986

Get in touch

Related News, Insights & Events

Error.

No results.

Building Safety In 2025 – Where Are We Now

Building safety in 2025 – where are we now?

15/10/2025

So far, 2025 has been a transformative year in the building safety regime in both England and Scotland and there are no signs of it slowing down as we enter the final quarter of the year. 

Read more
Arbitration Appeal In Dilapidations Case (Schedules Of Condition) (002)

Arbitration appeal in dilapidations case (schedules of condition)

26/09/2025

What the latest in a string of decisions refusing leave to appeal an arbitration decision means for lease disputes.

Read more
Artificial Lease Arrangements (002)

Outer House decision challenges artificial lease arrangements in non-domestic rates relief case

14/08/2025

The Outer House refused the judicial review of a decision by Highland Council to deny non-domestic rates relief to a property leased to a religious organisation for a nominal rent of £1.

Read more

Want to hear more from us?

Subscribe here Subscribe here