Retrofitting obligation for building owners to install e-charging points

A clear focus of the City of Vienna's provincial legislation is on climate protection and adaptation to climate change. In the long term, the city of Vienna aims to be climate-neutral. There are also corresponding efforts at the federal legislative level: Recently, the Condominium Act (WEG 2002) was amended, making it easier to install balcony power plants, among other things (see the Article from Zirm and Lola from 25.09.2024). These climate protection measures do not stop at the Vienna Garage Act 2008. Previously, when constructing new buildings with more than ten parking spaces, there was already an obligation to install at least one e-charging point for every tenth parking space. This obligation applies to new non-residential buildings as well as new residential buildings. Now owners of existing buildings must also retrofit.

Amendment to the Vienna Garage Act 2008

As part of the 2023 amendment to the Vienna Building Code, not only the Vienna Building Code but also the Vienna Garage Act 2023 was amended. In addition to the obligation to install e-charging points in new buildings, there is now also an obligation to retrofit existing buildings. However, this obligation only applies to non-residential buildings, which includes buildings that are not predominantly used for residential purposes. Accordingly, owners of existing non-residential buildings with more than 20 parking spaces must install at least one e-charging point for every tenth parking space by 01.01.2030. This obligation has its origins in the requirements of EU Directive 2018/844, one of the aims of which is to promote the expansion of e-mobility and create the necessary infrastructure.

If the building in question is co-owned by several owners, the following must be observed when implementing these requirements: If a condominium owner voluntarily decides to install an e-charging point on their parking space, Section 16 (5) WEG provides for a simplified procedure: According to this, the express consent of the other owners is not required; it is already sufficient if the other owners do not object to the project within two months. Even if the installation of the e-charging station is not initiated by an individual owner, implementation is not dependent on the consent of all owners: This is because the implementation of provisions under public law, which include the requirements of the Vienna Garage Act 2008, are to be dealt with as part of ordinary administration in accordance with § 28  Para 1  Z 1  WEG in conjunction with § 3  Para 2  Z 4 MRG.

However, if no apartment owner voluntarily decides to install an e-charging station on their parking space, a number of follow-up questions arise. Which co-owner should benefit from an e-charging point at their parking space at the expense of all co-owners? Or if no co-owner is interested in an e-charging point: Which co-owner must tolerate the installation of an e-charging point and the resulting unusability of their parking space? Who bears the ongoing electricity costs of the e-charging points?

Consequences of non-response

Building owners cannot avoid this obligation by paying a compensatory levy. There is no provision for a free purchase.

Failure to comply with this retrofitting obligation by 01.01.2030 constitutes an administrative offense for which severe penalties are provided. According to § 57  Para. 2 of the Vienna Garage Act 2008, the penal provisions of the Vienna Building Code apply. This provides for a fine of up to 50,000 euros for administrative violations. If the fine cannot be collected, a substitute custodial sentence of up to two weeks is provided for. Owners of non-residential buildings are therefore well advised to start implementing the regulations in good time.  

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