Attorney Shmuel Bartler: The claimants and their counterclaims - on charging an electric vehicle in a shared house

At a time when energy savings and environmental protection are the order of the hour, electric vehicle owners often find that their neighbors in the common house claim that installing the vehicle's charging device severely harms their property

(Illustration: ShutterStock)

Electric vehicle charging (Photo: ShutterStock)

Much awareness today of the need and benefits of using electric vehicles is reflected in a steady rise in the purchase of electric cars that do not emit pollutants and the purchase of hybrid vehicles with dual electric and gasoline engines. Many car companies even declare that they will stop producing vehicles with an internal combustion engine in the future.
But before you join the green trend and purchase an electric or hybrid vehicle: If you live in a shared parking building, you must know that in order to install the charging station for the new vehicle, you must prepare and prepare for it.

What will the neighbors claim?

The installation of an electric charging station usually requires connection to the structure and electricity, as well as cable transmission. In addition, installing a loading system has safety and environmental implications, and sometimes has an impact on building insurance. Beyond all this, some argue that installing the stand violates the aesthetic of the structure.
Living with neighbors is always complicated. In light of this complexity, various laws have been enacted over the years to regulate, as far as possible, the conduct of the building and the use of public areas of the common house. In addition, tenants were given the opportunity to determine the tenants' rights and obligations, together with rules for the use of common property. The bylaws are registered at the Land Registry and require the apartment owners. Further protection of property rights is granted under the Basic Law on Human Dignity and Freedom.

In accordance with the above, any damage to the common property is prohibited. Even when a particular apartment has a parking space adjacent to it and is associated with it, it does not mean that its owner has the right to build parking.

Living in a Common House: Basic Concepts, Dispute Resolution and Other Trouble

Electric vehicle charging (Photo: ShutterStock)

Conflicting interests

As you can see, the protection of property rights and the prohibition of damage to the adjacent and shared property may conflict with the ambition to protect the environment with the passage of electric vehicles. In a situation where there is no clear agreement by the apartment owners to install the loading position, bitter neighborly disputes may arise. Granting use rights to third parties in the charging positions can also cause severe disputes between neighbors.

A positive outlet

In homes that are currently under construction, it is highly desirable to pre-set space for loading positions. It is also worthwhile to enshrine the rules regarding loading positions in the sales contracts and in the common house rules. Owners of condominiums in condominiums that already have the bylaws are proposed to amend with regard to charging positions.

When discussing the issue, do not forget that even those who oppose the installation of charging stations today may themselves need such a position in the not too distant future. It is also likely that the future is expected to include many - both in the operation of charging stations and perhaps even the need to load the vehicle at home.

In the event that agreements cannot be reached or neighborly disputes arise regarding the installation of loading posts, the Commissioner of Joint Homes may be contacted by the Land Registry. As things stand today, the Legislature will soon be required to address these issues with new regulations or changes to the law, so the issue of electric charging positions will be settled and no longer a point of contention.

Attorney Shmuel Bartler specializes in real estate, litigation, green law and environmental law, commercial law.
Phone: 077-9971259
The article is courtesy of Zap Legal

* The information presented in the article does not constitute legal advice or substitute and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone who relies on the information contained in the article does so at his own risk