Brussels Imposes EV Charging Stations

• Jurisdiction: European Union
• Law Firm: Monard Law
• Subject Matter: Environment, Transport, Energy and Natural Resources, Energy Law, Environmental Law, Rail, Road & Cycling
• Author: Jasmina Sadek and Stefan Van Dyck
• Published date: 03 April 2023

A new decree has been in force in the Brussels-Capital Region since 13 November 2022, imposing a minimum ratio of electric vehicle (EV) charging stations to parking spaces. In addition, car parks with charging stations must comply with safety regulations.

The decree is a partial transposition of the EU directive on energy performance of buildings and energy efficiency. It is also part of the response to the increasing use of EVs as an alternative to vehicles with an internal combustion engine.

As from 1 January 2025, environmental permit holders for indoor or outdoor car parks must install a minimum number of charging stations, depending on the number of authorized parking spaces mentioned in their environmental permit.

The car park operator, who is also the environmental permit holder, must report the number of charging stations to the distribution network operator every year.

1. Minimum number of charging stations

The obligation applies to both public and private car parks. The required minimum number of charging stations varies depending on the car park's function and will gradually increase in the future.

For existing car parks, the following percentage ratios (charging stations to number of parking spaces) apply as from the date mentioned:

a) Office building car parks:

• on 1 January 2025: 10% with a minimum of 2 charging stations
• on 1 January 2030: 20%
• on 1 January 2035: 30%

b) Residential car parks:

• on 1 January 2025: one charging station for every parking space upon the request of residents who have access to the car park and who use an EV.

c) Public car parks (and car parks that do not fall under types (a) or (b) above):

• on 1 January 2025: 5% with a minimum of 2 charging stations
• on 1 January 2030: 10% with a minimum of 2 charging stations
• on 1 January 2035: 20%

A charging station with a capacity that is higher than or equal to 50 kW must cater to 5 charging outlets, and one with a capacity of 150 kW or higher must cater to 10 charging outlets.

If a car park serves different purposes, then the number of charging stations will be determined pro rata.

Car parks (that are not residential car parks) (i) that do not have an environmental permit yet or (ii) that are not covered by an environmental permit that has been expired for less than 2 years or (iii) whose permit application was filed after 13 November 2022 and that did not undergo any major construction works after this date must immediately meet the requisite ratio that will apply as from 1...