Consents Third party consents may be needed before a lease for EV charging units can be granted. For instance, the consent of a local distribution network operator for the substation and grid connections, consent of superior landlords or lenders to the letting and/or consent from adjoining or neighbouring landowners if easements or wayleaves are required. A landowner will want to ensure that they have the benefit of these consents, as well as the charging operator, so they can be utilised by the landowner on future charging stations, should they decide to contract with a different operator. Consideration also needs to be given to whether planning consent is required from the local authority. The landowner may decide this is something the operator needs to obtain.
Exclusivity The charging operator may require exclusivity for a period of time or in relation to a particular site. This needs careful consideration where a landowner has a large car park or several sites nearby, where there may be existing EV charging units installed, and also where issues of competition law may impact. It’s worth considering whether the exclusivity should be limited to a particular type/voltage of charger, or to a specific time period. This is a small selection of the many issues that need to be considered by any landowner and/ or landlord when navigating the installation of electric vehicle charging units. Each site and installation will need to be considered on an individual basis and should not be entered into lightly, but where implemented correctly could be beneficial to all parties involved. It shows commitment to being more environmentally responsible which in turn should attract more environmentally conscious tenants and businesses. If you are a landlord or tenant considering whether to install electric vehicle charging units get in touch with Wendy to discuss this by emailing wendy.martin@ellisonssolicitors.com
Rental values will be a point of negotiation between the parties. Many operators work on a profit sharing basis, although a landlord may prefer some form of fixed rent, e.g. per charging station, subject to the usual open market or RPI review. Landlord’s will want to ensure that the operator is responsible for keeping the parking spaces and charging units in good repair and condition throughout the term of the lease/ agreement. What happens at the end of the term also needs consideration and whether the charging operator will be required to reinstate and remove the charging units. This could be an expensive exercise and the landowner may wish to consider some form of security from the charging operator to cover these costs, which could take the form of a bond or retention. The operator will require rights of way over the estate roads to access the charging units, but this must be qualified with a requirement to ensure that the estate roads are kept clear, to avoid any obstructions on the estate roads for other users, and the operator contributes to any repair and maintenance of such roads.
P R O P E R T Y A N D CONSTRUCTION | SCRUTTON BLAND | 1 1
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