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Home » Sustainability » Sustainability QLD » QLD: Free-riding a potential power play for EV charging

QLD: Free-riding a potential power play for EV charging

Published January 28, 2025 By Frank Higginson, Hynes Legal Leave a Comment Last Updated March 31, 2025

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This article is free-riding a potential power play for EV charging.

Three things to know about EV charging in body corporate:

  1. Body corporates should have approval over any EV charger installation
  2. Appropriate by-laws regarding EV charging are important
  3. Residents should not be required to subsidise the cost of charging other people’s vehicles

Find out more in our 3-minute video below:

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Electric vehicles in strata are fast becoming a big issue, with more and more people wanting to charge their vehicles on-site.

What should a body corporate do?

The first thing a body corporate committee needs to do is make sure its by-laws provide that committee approval is needed before anyone installs any form of charger or charges from sockets in their car park or otherwise.

The committee needs to act reasonably in making its decision, but there are many questions that arise from this issue.

Fire safety

The Queensland Fire Department has no issues with the charging of electric vehicles, the State Government has not intervened on this issue, and body corporate insurers keep insuring buildings with EVs. So, until any of that changes, it’s probably safe to assume there’s no greater fire risk from EVs than there is from a normal petrol car.

User pays

Most people would agree that it’s fundamentally unfair for someone to be able to charge their car from common power unless they’re metered and being billed for it.

If a body corporate allows chargers to be installed, it must ensure that there’s the ability for everyone to access that same right in due course.

For example, if there are 15 chargers installed and there are 45 car parks, it would be fundamentally unfair if, because of electrical safety or from a load perspective, the other people could not install chargers.

What a body corporate committee can do about EV charging

This is an issue a body corporate needs to plan for, even if they don’t need to approve installations now or to look at retrofitting a building to include trunk infrastructure that allows charging to be made more easily.

From a committee perspective, if you haven’t faced this issue already, it is going to be coming around the corner pretty quickly. Get in contact if you need any assistance in preparing by-laws to accommodate EV charging in your scheme.

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #728.

This article has been republished with permission from the author and first appeared on the Hynes Legal website.

Have a question or something to add to the article? Leave a comment below.

Read next:

  • QLD: Q&A EV Charging in your high rise. What do you need to know?
  • QLD: Electric vehicles

Visit Strata By-Laws and Legislation OR Strata Legislation QLD.

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About Frank Higginson, Hynes Legal

Frank Higginson heads the community titles practice at Hynes Legal.

Frank commenced five years articles of clerkship on the Gold Coast while studying law externally in January 1992 and apart from a two-year hiatus working in London with a multinational firm from 1997 to 1999 he has practiced in Queensland in property matters for his entire career.

Frank joined Hynes Legal in 2001. He became a partner/director in 2004 and since then has whittled his practice down to the two keys areas for strata law in Queensland - body corporate law and management rights.

He and his team are the only experts in Queensland that truly specialise in both of these areas of law.

The rationale for this is the belief that when there are issues in dispute, it helps enormously (from a legal, strategic and commercial position) to understand the strengths, weaknesses, and views of the other party. It creates the opportunity to make commercially sensible suggestions to enable the resolution of all issues in dispute. Acting for only one side of an industry (particularly if vociferously so) prevents that.

Frank's LinkedIn Profile.

Frank is a regular contributor to LookUpStrata. You can take a look at Frank's articles here .

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