Contents of this page may be automatically translated, we take no responsibility for the accuracy of the translation. Feel free to contact our customer support centre if you have any questions.
The growing need for charging stations for electric vehicles has led some community associations to consider installing charging points in their common car park. Here is an account of what applies.
Basic conditions for community facilities
In order for a property to be used for its purpose, e.g. housing, it is often required that the property has access to land and facilities outside its own area. When several properties in the same area have similar needs, you can sometimes form a so-called community facility. This can be, for example, for a road or a car park.
The rules regarding community facilities are found in the Facilities Act (AL). AL does not contain an enumeration or restriction of which facilities can form community facilities. It is thus neutral to which facilities can form community facilities and to which technology is used.
When a community facility for parking space is to be formed, Lantmäteriet makes a so-called facility decision which, among other things, talks about which properties may use the facility, its scope and possibilities for installing electrical outlets for engine heaters and charging points for electric vehicles.
Must be a property-related and long-term need
The most central the requirement for forming a community facility is that the facility is common to several properties and, as expressed in AL, that it satisfies a purpose of permanent importance for the properties (§ 1 AL). This condition is not dispositive, ie. it is not possible to negotiate away.
In practice, this means that the residents will need the facility, both when it is formed and in the longer term. It should be related to the property itself and not to the property owner's specific needs. Having access to charging points is considered a property-related need of permanent importance.
Financial and legal responsibility is divided between the shareholders
All properties in the community association are co-owners of the community facility and have both a legal and financial responsibility to manage it.
The responsibility to manage the facility is divided between the properties that are connected to the facility. Properties can be given different percentages or a separate section can be formed for electric car charging. The properties that benefit from being part of such a section are allocated shares in it so that responsibilities and costs can be attributed to these particular properties.
If a property owner does not consider himself to benefit from the community facility or a certain part of it, and opposes participation, can Lantmäteriet decide that the property should still be connected.
To connect a property to a community facility against the owner's will, it is required that the facility shall be of significant importance to the property (Section 5 AL). As societal development is moving towards more and more rechargeable cars and access to home charging is significant, the availability of charging infrastructure should be considered significant for at least a certain proportion of the properties.
Are charging points covered by the existing construction decision?
At an association meeting, it happens that community associations decide to supplement a facility with equipment that has not previously existed, such as charging points.
If charging points are not included in the original construction decision, such a general meeting decision will be contrary to the construction decision. Thus, an existing or new member of the association can question the correctness of the decision and the question may therefore be subject to review in court.
Reconsider the construction decision
A reconsideration of a previous facility decisions can be made to add new purposes to an existing community facility after new needs have been added.
If the facility decision does not include the management of charging points, the association's board can, following a decision at the general meeting, apply for reconsideration at Lantmäteriet . Individuals concerned are also authorized to apply for reconsideration.
The reconsideration is carried out at a surveying service where the application is examined against the conditions in the Civil Engineering Act. When the review is complete, a facility decision is made that is valid until the facility is discontinued or reconsidered.
Read more about changing decisions for an existing community facility.
Cost of reconsideration
An application for reconsideration entails a cost that is distributed between those who benefit from the reconsideration. The cost is difficult to estimate in advance, as it depends on how much work is required. This in turn depends on, among other things:
- The extent to which different types of investigations are needed; for example, there may be a need for consultation with other authorities
- If there are other decisions that should be reconsidered at the same time
- How many properties are affected
- If the property owners agree or not
Read about:
Apply for reconsideration
Reconsideration of a community facility takes place via a surveying service. To apply, fill in the form Application for Surveying (pdf) and send to concerned Lantmäteriet authority.
Frequently asked questions and answers
The issue of charging electric cars is raised in the report that the Swedish Energy Agency submitted to the government on 1 November 2021. The report proposes measures for better access to charging infrastructure for home charging, regardless of housing type. Lantmäteriet 's part of the assignment has been to investigate whether there are obstacles to setting up electric car charging in parking lots owned by community associations.
Lantmäteriet's website has been updated to clarify our position on the issue and our employees have current support material to facilitate the legal assessment in the administrative procedure.
If it is included, it will be stated in the administrative documents.
Yes, Lantmäteriet tests the application based on the conditions that apply to your particular facility. It is possible to include electric car charging even if not all property owners have the same need to charge an electric car.
Yes, if the construction decision is designed that way.
Lantmäteriet does not offer a fixed price for this type of service. The administrator will review the conditions for the procedure and can then give a price estimate.
The cost of installation and operation of charging infrastructure and charging stations can in a procedure be controlled to the properties that benefit from them.
No, Lantmäteriet is not a supervisory authority. If the use does not comply with the facility decision, individual members can comment on this, see information under the heading "Determining whether charging points are covered by the existing facility decision" on this page.