2023-06-07 08:49:44
Do all co-owners have to give their consent for a “wallbox”?
Each week, a TCS legal expert gives you the answer to a legal question.
Photo d’illustration.
KEYSTONE
In principle, no. It is sufficient that the majority of the co-owners agree. However, the community of floor co-owners may agree on a different regulation.
A wall box for electric vehicle charging generally increases the value of the property. According to the Civil Code, “the majority of all co-owners representing more than half of the thing can therefore decide.” The community of co-owners can also decide who should bear what costs.
In principle, no right to the charging station in the condominium
A motion has been tabled in Parliament, which wants to establish a legal right for floor owners (and tenants) “to access an electric car charging station”. Currently, this right does not exist. For the installation of a wall box in the common part of the property, you must therefore obtain the consent of the community of co-owners. And its rules may even state that unanimous approval is required for its installation.
Unless you have a closed parking space with exclusive rights with its own access. In this case, you do not need the consent of other owners, provided that the wall box does not interfere with their property and the electricity is billed separately.
No federal funding for charging stations
And in addition to the installation, it will be necessary to regulate the costs of installation, maintenance and consumption. Again, it is the community of floor co-owners who decides. Some cantons and municipalities offer subsidies for such installations. The Confederation does not currently support terminals in residential buildings.
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