Thinking of buying an electric vehicle? You’re not alone. EV ownership is booming across Australia, with more buyers opting for electric cars than ever before. But if you live in an apartment or townhouse under a strata title, there’s a high-voltage reality you might not be ready for:
You might not be allowed to charge it at home.
Whether you’re planning to install an EV charger in your garage or wondering whether your strata can ban EV charging altogether, this post is for you.
To help make sense of this growing issue, we teamed up with Anna Minassian, Principal Solicitor at Vinc Legal and a leading expert in strata law. Together, we’re unpacking what strata by-laws say about electric vehicle charging, so you don’t end up charging your Tesla at Woolies for the next three years.
The EV Boom Meets Strata Bureaucracy
Electric vehicles are no longer just a trend. They’re quickly becoming the standard. From Teslas in Brisbane to BYDs in Bondi, drivers are embracing the shift to low-emission transport.
But while Australians are moving forward, many strata schemes are stuck in the past. Some buildings are supportive and have started adapting. Others? Not so much.
We’ve seen committees blocking charger installations without explanation, owners battling over electricity costs, and by-laws proposed to ban EVs altogether. In some buildings, residents are told they can only charge their vehicles off-site, often without any legal basis. At the core of this problem are strata by-laws that haven’t been updated to reflect new technologies and the future of sustainable living.
Can I Legally Install an EV Charger in My Apartment?
In most cases, yes, but you need approval. The fastest and easiest way to get approval to install a charger is via an exclusive-use by-law. This permits you to modify your lot under certain conditions, like using a certified electrician and meeting all safety regulations.
Where the charger will be installed often determines the process. If it involves common property (like shared wiring or walls), you’ll likely need approval via a special resolution. That means that no more than 25% of owners (calculated on a unit entitlement basis) can vote against the motion, and the conditions for use, liability, and removal must be formally documented.
The good news? Buildings that get this right often see higher buyer interest and future-proof their infrastructure for the growing number of EV owners.
A Note on Sustainability Resolutions in NSW
While we covered the by-laws and approval process in strata settings, there’s an important legal nuance worth highlighting in NSW.
Under section 5 of the Strata Schemes Management Act, EV charging may qualify as sustainability infrastructure as defined under section138B(2)(f). This means it could be approved by a sustainability infrastructure resolution, which has a lower voting threshold: the motion passes as long as fewer than 50% of votes are against it.
This interpretation was echoed by Macquarie University Professor Cathy Sherry, author of Strata Title Property Rights: Private Governance of Multi-Owned Properties (Routledge, 2017).
Can a Strata Committee Ban EV Charging?
They can try, but blanket bans are fraught with problems.
Many strata committees are understandably cautious. They worry about fire risks, electricity costs, and insurance. But introducing a by-law that bans all forms of EV charging is legally risky. In fact, by-laws that are considered “harsh, unconscionable or oppressive” can be challenged in a tribunal.
More progressive buildings are moving towards managed permissions. This means setting rules about who can install chargers, how they must be maintained, and how shared electricity is measured. It’s a safer, fairer, and more future-ready approach.
The recent strata reforms, which have come into force from 1 July 2025, include a provision preventing an owners corporation from banning the installation of EV chargers on the basis of aesthetics alone (unless the building is heritage listed).
What If the Building Wants a Shared EV Charger?
In some cases, strata committees decide to install a shared EV charger for the building. This can be a great solution, but it needs careful planning.
Usage rules need to be clear. Who gets priority? How are bookings managed? What happens if someone hogs the charger? A well-drafted by-law should spell out how residents access the charger, how fees are charged, and what happens if it needs repairs or upgrades.
Without these details, even a good idea can quickly lead to neighbourly disputes and administrative headaches.
The Lithium Question
Lithium-ion batteries are everywhere in cars, scooters, e-bikes, and home storage systems. While essential for EVs, they do carry a fire risk if damaged or stored improperly.
Some strata buildings are already responding with rules around where and how batteries can be stored and charged. For example, you might not be allowed to charge an e-bike in a hallway or store a battery in a storage cage.
Outright bans on EVs, however, are harder to justify. Most legal experts recommend focusing on risk management through practical guidelines rather than total prohibitions. Once again, by-laws are often the answer to set out how and when lithium-ion batteries can be charged, for example ensuring that owners are home when a battery is charging to limit the chance of a fire.
Who Pays If Something Goes Wrong?
This is one of the most important questions, and one that can lead to major disputes if not properly addressed.
If you install a charger under an exclusive use by-law, you’re usually responsible for maintenance and any damage caused. If the installation is on common property and used by multiple residents, the owners’ corporation may carry that liability.
That’s why it’s critical to have by-laws that clearly allocate responsibility, require compliance with safety standards, and mandate appropriate insurance. A charger installed without approval could void your building’s insurance or lead to costly repairs that no one wants to pay for.
Will Our Insurance Go Up If My Strata Allows EV Charging?
It might, but it doesn’t have to.
Some insurers are still learning how to price risk for EV chargers. Others are more experienced and mainly care about one thing: safety.
If your building has:
- Certified installations
- Fire compliance
- Legal agreements allocating liability
…then many insurers won’t blink. The real danger comes from unapproved installations, dodgy wiring, or no rules at all.
Getting Your Building Ready for the EV Future
With more Australians buying EVs every year, buildings that don’t adapt risk falling behind. Delays in approval processes, lack of guidance for residents, and ad-hoc decisions by committees can create conflict and cost.
The best time to act is before your building is under pressure. That means working with an expert strata lawyer to:
- Draft clear, tailored EV by-laws
- Audit your infrastructure and capacity
- Set standards for safety and liability
EVs aren’t a fad. They’re the future. And your building has a choice: get ready, or get left behind.
Titlespace’s Take
Let’s be real, traditional conveyancing wasn’t built for the pace (or pressure) of EV vehicles and modern property deals. We’ve changed that. As a digital-first conveyancing firm, we’ve helped countless clients buy into strata schemes across NSW, VIC and QLD. And the EV question is coming up more and more. That’s why, at Titlespace, we go beyond the standard conveyancing checklist.
Our advice? Don’t wait until after you buy to ask if you can charge your car at home. Do your due diligence. Read the by-laws. Talk to the committee. And if things feel unclear, get legal advice before you commit.
By-laws might feel like fine print, but when it comes to EVs, they can determine whether you drive into the future or stall in the garage.
At Titlespace, we’ve redesigned the experience around speed, clarity, and convenience:
- Fixed fees, with no nasty surprises
- Licensed across NSW, VIC & QLD
- Fully digital, no printing, scanning, or chasing signatures
- Fast turnaround on contract reviews, think hours, not days
- And yes, a 100% satisfaction guarantee, if you’re not happy, we refund our legal fees
We look at the fine print, because plugging in your car shouldn’t become a legal nightmare.
Not Sure What You’ll Need?
Totally fair. Buying property isn’t one-size-fits-all. And strata stuff? Even trickier.
That’s why we offer a free 20-minute property session with one of our legal experts. No strings attached.
Skip the guesswork. Get legal clarity before you plug in.
The content of this blog post is intended as general information and should be considered broad guidance only. It does not constitute legal, financial, or tax advice and should not be relied upon as such. Every property transaction is different, and we recommend seeking personalised advice from a qualified professional before making any investment or legal decisions.
FAQs that we get. Alot.
Is it possible to install an EV charger in an apartment?
Yes, but it usually requires strata approval and a formal by-law, especially if the installation affects common property.
Can Strata ban EV charging?
They can propose a ban, but unless there is a valid reason, blanket bans may be deemed unreasonable or oppressive and could be challenged in a tribunal.
Are strata committees banning electric vehicles from charging?
Some are introducing restrictions, especially around fire risk or infrastructure concerns. But the trend is toward regulation, not prohibition.
Do I need approval before installing a charger?
Almost always. Even if you own the space, any modifications that touch common property (like wiring) will need formal consent. Usually, the floor of the garage or car space where the charger will be affixed to is also common property.
Can insurance premiums increase due to EV chargers?
Yes, especially with unregulated installations. But with proper safety measures and documentation, many insurers won’t increase premiums.
What if I install a charger without permission?
You may be in breach of by-laws, which could result in civil penalties being issued by the Tribunal and be forced to remove it, or be liable for any damage caused. Always seek approval first.
