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 January 2035. This means:
a) Office building car parks: 30%
b) Public car parks: 20%
2. Exceptions and exemptions
Only if it is technically impossible (and sufficiently justified) or if the costs of installing charging stations are excessive can a deviation from the applicable ratio of charging stations to parking spaces be permitted.
For car parks equipped with a car lift, charging stations must not be installed unless the environmental permit allows for a deviation after having obtained a positive opinion about it from the fire department.
3. Safety regulations for car parks with charging stations
Car parks with installed charging stations must satisfy a list of safety regulations:
a) the charging station must be installed on an non-flammable or fire-resistant surface area;
b) the charging of a vehicle must take place using the charging station;
c) electrical equipment must have a sufficiently high capacity to charge vehicles and must be approved by an authorized body, conforming to the General Regulations on Electrical Equipment (in Dutch: Algemeen Reglement op de elektrische installaties, “AREI”);
d) the charging station must be protected or placed at an appropriate height to prevent damage caused by a vehicle, yet remain accessible to persons with reduced mobility.
For indoor car parks, the following additional safety regulations apply:
a) ultra-fast charging stations (charging stations with a capacity higher than or equal to 50 kW) are prohibited;
b) every car park entrance area must have an emergency call button so that they can be closed off in the event of fire or incident;
c) if there is a fire detector, all charging stations must be shut off automatically as soon as fire is detected;
d) there must be a ventilation system to provide fresh air flow every 3 hours;
e) every entrance area must have a clear floorplan indicating the location of the charging stations.
An indoor car park of more than 1,250 m² must comply with even stricter safety regulations.