Installing a home EV charger isn't simply a matter of plugging it in and going – there are lots of rules to keep in mind, or it could result in legal action being taken against you.
But it's not just unlimited fines and a potential criminal record you need to be wary of; a non-compliant installation could also void your home's insurance and cause problems when it comes to selling or remortgaging.
To help you dodge unwanted legal consequences, we spoke with three lawyers, who shared five of the biggest home EV charging mistakes below.
1. Trailing a charging cable across a pavement
Problem: If your charging cable trails across a pavement, it could be seen as obstructing a public highway without lawful authority under the Highways Act 1980.
“Whether a cable is considered an unlawful 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 in place; and whether any protective cable cover adequately reduces the hazard," explains Anna Fouracre, Planning Partner at Keystone Law.
Consequence: You may be required to remove the cable immediately, or the local council may take enforcement action.
Anna is an experienced planning law specialist who advises on a broad range of planning matters. Her sector focus includes residential development, strategic land, build to rent, energy and infrastructure.
2. Installing a charger without the necessary permissions
Problem: While many EV chargers are installed under permitted development rights and do not require planning permission, Anna Fouracre says it's a different story if:
- The property is a listed building
- The property is in certain protected areas
- The charger exceeds permitted development limits
- The installation forms part of a larger development
Consequence: The local planning authority may investigate the development, request to submit a retrospective planning application, issue a planning enforcement notice requiring alteration or removal.
A planning breach isn't usually a criminal offence, but if you fail to comply with enforcement, it could turn into one, explains Anna.
The consequences are "significantly more serious" on a listed property and you could face criminal prosecution, unlimited fines, or imprisonment in the most serious cases.
3. Digging into or altering the pavement
Problem: Since public pavements are usually maintained by the local highway authority, Anna Fouracre explains that digging into them, cutting channels for cables, or installing ducts without permission is generally unlawful.
Consequence: You may be issued with an immediate stop-work order, have to reinstate the pavement at your own expense, have the repair costs recovered by the highway authority, or be prosecuted for unauthorised street works. You may even be liable if a hazard is created.
4. Installing a charger that doesn't comply with Building Regulations
Problem: EV chargers shouldn't be treated like a regular home appliance – they need to be professionally installed to comply with the Building Regulations 2010.
Consequence: Joe Pepper, Partner at Bridge McFarland, says the local authority may take enforcement action under the Building Act 1984, including requiring non-compliant work to be removed or altered.
"In appropriate cases, breach of the Building Regulations may also expose the person responsible to prosecution and financial penalties," he adds.
Joe is partner at Bridge McFarland, one of the largest law firms in Lincolnshire. He supports all types of clients from single property deals all the way through to multimillion property developments from conception to conclusion.
5. Creating or using an unauthorised vehicle crossing
Problem: If you're regularly driving across a kerb, footway or verge without an authorised crossing, it could get you into trouble with the highway authority.
Consequence: According to Alex Harvey, Head of General Litigation at HCB Widdows Mason, you may be required to create an approved crossing or pay the cost of the works.
If the crossing has caused damage to the highway, Alex adds that you may also have to cover the repair costs, which is why it's always worth getting approval first. Our guide to dropped kerb planning permission explains what you need to know.
Alex Harvey is Head of General Litigation at HCB Widdows Mason.
The best way to avoid these home EV charging mistakes is to work with a qualified installer who will know the rules and regulations you need to follow.
For more advice, read four things I wish I knew before installing an EV charger or find out whether you can cover an EV charger.
