NSW Revises EV Installation Rules in Strata

Pending Reform – Bill 2025

NSW Revises EV Installation Regulations in Strata complexes

According to the proposed Strata Schemes Legislation Amendment Bill 2025, lot owners will have a new statutory right to install an electric vehicle charging station on their property, even if it impacts common property. This new pathway complements the existing sustainability infrastructure framework and significantly reduces the delays that have traditionally hindered EV charger approvals in apartment complexes.

Section 132D – The New Approval Process

A lot owner intending to install a charging station must provide the strata committee with a written installation notice, along with the necessary information and documents as prescribed by the regulations. The committee then has three months (or a longer period as specified by the regulations) to either:

• Issue a written - no objection notice or

• Issue a written objection notice with the reasons for objecting

  
  

If the committee does not respond within the stipulated time, it is considered to have issued a no objection notice. Essentially, no response is equivalent to consent.

Reasonableness Test – By-Laws Cannot Block

The strata committee must not unreasonably object to the installation. Any by-law that would unreasonably prohibit the installation of an EV charging station on an owner’s lot is ineffective. NCAT can mandate the committee to issue a no objection notice if it determines the objection was unreasonable. The regulations may further define situations where an objection or a by-law limiting installation will be deemed unreasonable.

Costs Borne by the Owner

The owner who installs the charging station is responsible for the installation costs and must indemnify the Owners Corporation against:

• The reasonable cost of maintaining and operating the charging station

• Rectifying any damage to common property due to installation or operation

• Any other costs that maybe noted in the regulation

  
  

Sections 108 to 110 Are Not Applicable

Crucially, the standard renovation approval process under sections 108 to 110 of the Strata Schemes Management Act 2015 does not apply to charging station installations under the new section. This eliminates a layer of bureaucracy that previously delayed installations.

If your scheme has not yet evaluated its by-laws in light of the new EV charging framework, now is an ideal time to undertake this review. By-laws that outright ban charger installations will be unenforceable if they contradict the new section, and committees that do not respond to an installation notice within three months will automatically be considered to have approved the installation.