If you own or manage a commercial property in England and you’re planning any significant building work, you need to know about Part S of the Building Regulations. From 15 June 2022, new non-residential buildings and major renovations to existing ones must include EV charging infrastructure as a condition of building regulations compliance. This isn’t a planning policy that some local authorities apply and others don’t. It’s a national building regulations requirement, and non-compliance is a building regulations offence.
Most commercial landlords are aware of Part S in general terms. Where the uncertainty tends to sit is in the detail: whether a planned renovation qualifies as a major renovation, exactly what the requirements involve, how the obligation interacts with leasehold arrangements, and what the building control process looks like.
This article works through each of those questions. For the installation itself, our commercial EV charger installation service covers the full scope, including the building control notification that most landlords don’t realise is required.
We’ve also put together a one-page compliance checklist that summarises the key obligations and practical steps. Download the checklist here.
The Two Triggers That Create a Legal Obligation
Part S creates a legal obligation in two scenarios. The first is a new non-residential building with more than 10 associated parking spaces, and the second is a major renovation to a non-residential building that will result in more than 10 parking spaces once the work’s complete. If neither scenario applies to your building or planned project, the obligation doesn’t apply. If either one does, it applies in full.
The new build trigger is straightforward, so if you’re constructing a commercial building with a car park of more than 10 spaces, you must provide EV charging infrastructure as part of the build. The renovation trigger, however, is where landlords run into more uncertainty.
Under Approved Document S, a major renovation in the context of these regulations means building work that affects the building envelope or technical building systems. Replacing a roof, upgrading a heating or electrical distribution system, or carrying out significant structural works can all constitute a major renovation. But a cosmetic internal refurbishment that doesn’t affect the building’s fabric or services doesn’t.
The practical question for many landlords is whether a planned refurbishment crosses the threshold. This isn’t always clear-cut, and it’s worth raising with your contractor or building control body before works are specified rather than after. What’s clear is that the trigger isn’t limited to work directly affecting the car park. If the building works meet the definition of major renovation and the car park will have more than 10 spaces, the EV charging obligation follows, even if the car park itself isn’t being touched.
What Part S Requires: Active Chargepoints and Cable Routes
For both new builds and qualifying major renovations, the requirements for non-residential buildings are the same. At least one active chargepoint must be installed. Cable routes must be installed in a minimum of one in every five of the total remaining spaces (20%). The table below summarises the main scenarios.
| Scenario | Requirement | Notes |
|---|---|---|
| New non-residential building with more than 10 parking spaces | 1 active chargepoint + cable routes in 1 in every 5 remaining spaces | England only |
| Major renovation to non-residential building resulting in more than 10 parking spaces | 1 active chargepoint + cable routes in 1 in every 5 remaining spaces | England; 7% cost exemption applies (see below) |
| Covered car parks (new build or renovation) | Cable routes only. Active chargepoints not mandated. | England only |
| New non-residential building with more than 10 parking spaces | 1 active chargepoint + cable routes in 1 in every 5 remaining spaces | Scotland (Building (Scotland) Regulations, in force 5 June 2023) |
Two points on the detail are worth flagging.
First, covered car parks: the requirement to install active chargepoints doesn’t apply to spaces within a covered car park structure. Cable routes still must be provided, but the chargepoints themselves are not mandated.
Second, the 7% cost exemption: for major renovations, if the cost of providing at least one chargepoint and the required cable routes exceeds 7% of the total renovation budget, the chargepoint requirement may not apply. In that case, cable routes alone are required, provided installing them doesn’t itself exceed 7% of the total cost.
This exemption is specific and requires calculation rather than assumption. It applies to the renovation cost excluding VAT, land, statutory fees and financing costs. If you’re uncertain whether your project qualifies for the exemption, your building control body can advise.
These regulations apply specifically to England. Scotland introduced comparable requirements under its own Building Regulations from 5 June 2023. Wales and Northern Ireland have not yet introduced equivalent requirements, though both are expected to do so.
When Tenants Ask to Install Chargepoints
The scenario that catches many commercial landlords unprepared isn’t their own building project but a tenant requesting permission to install chargepoints in the car park. This is becoming more common as businesses commit to fleet electrification programmes and staff expect workplace charging as a standard facility.
Most commercial leases require the tenant to obtain the landlord’s written consent before carrying out alterations, and the installation of a chargepoint and any associated electrical infrastructure typically qualifies as an alteration. If a tenant is applying for the Workplace Charging Scheme grant, they will need written landlord permission as a formal condition of the application. Grants can’t be claimed for installations where the work would have been required under Part S anyway, so for buildings where the obligation already applies, the landlord needs to be clear on what’s already required and the tenant’s additional request.
From the landlord’s perspective, granting consent involves practical decisions about cost allocation, maintenance responsibility and end-of-lease reinstatement. In a covered car park where the Part S obligation is limited to cable routes, a tenant request for an active chargepoint sits outside the mandatory requirement and will be treated purely as an alteration. In a surface car park where the landlord already has a Part S obligation, a tenant installation may partially satisfy that requirement, but the landlord remains responsible for overall compliance.
These are property law questions that require specific legal advice based on the terms of the lease. The point to take from this section is that the landlord’s obligations and the tenant’s request are two separate things, and conflating them can lead to either a compliance gap or an unnecessary dispute about who pays for what.
| If you’re working through a Part S compliance question or a tenant chargepoint request, a site survey is the practical first step. Our commercial EV charger installation service covers site assessment, load calculations and the full installation, including the building control notification. Get in touch to discuss your project. |
Planning Permission: What Is and Isn’t Required
A common point of confusion is the difference between building regulations compliance and planning permission. They’re separate processes with separate requirements, and failing to distinguish them can delay a project unnecessarily.
Installing a wall-mounted chargepoint or an upstand charger in a lawfully used off-street parking area is generally permitted development in England, not requiring a planning application. The exception is where the site is subject to conditions that restrict external works, sits in a conservation area, involves a listed building, or is in a location where the local planning authority has removed permitted development rights. For the majority of commercial car parks, a planning application isn’t needed.
Building regulations compliance is a separate matter, and this is where landlords need to pay attention. Installing an EV chargepoint involves creating a new dedicated circuit. Under Part P of the Building Regulations, electrical work of this nature is notifiable work. It must either be carried out by a contractor registered with a competent person scheme (such as NICEIC, which MDG holds) who can self-certify the work, or it must be notified to and inspected by the local building control body. If it isn’t notified, the installation is non-compliant. This matters for building insurance, future sale, and the audit trail.
For further context on what to factor into the project scope at the planning stage, our article on the hidden costs of EV charger installations covers what gets missed in quotes and why the building control step is more important than most operators realise.
Practical Steps for Commercial Landlords
If you’re a commercial landlord working through whether Part S applies to a current or planned project, here is a practical sequence to follow:
- Establish whether the obligation applies: Check whether your planned works constitute a new build or a major renovation, and whether the building will have more than 10 associated parking spaces. If both are true, Part S applies. If you’re uncertain about the renovation threshold, your building control body or a qualified contractor can advise.
- Commission a site survey: Before specifying the installation, a qualified electrical contractor should visit the site to assess existing supply capacity, confirm available headroom, identify cable routes, and establish whether a DNO notification is needed. A quote based on charger numbers alone, without a site visit, can’t account for the infrastructure considerations that drive actual cost and timeline. Our smart EV charging and load management guide explains how smart features and load management are configured at installation and what ongoing management looks like.
- Review the lease position: If you have tenants in occupation, review the lease terms before any works begin, and before engaging with any tenant who has raised a chargepoint request. Establish who is responsible for which works, on what terms, and who pays.
- Confirm the building control notification route: Ensure your chosen contractor is registered with a competent person scheme so they can self-certify the electrical installation. If they’re not, a building notice or full plans application to the local building control body will be required before works start.
- Apply for the Workplace Charging Scheme grant: If your site and organisation are eligible, the Workplace Charging Scheme covers up to 75% of the cost of purchasing and installing chargepoints, capped at £500 per socket from April 2026. The scheme runs until 31 March 2027. Note that the grant can’t be claimed for work that is mandatory under Part S. For any installation that goes beyond the minimum regulatory requirement, the grant can apply to the additional scope.
| Part S compliance, building control notification, and DNO requirements are all things we scope as part of every commercial EV project. If you’re planning a new build, a refurbishment, or have a tenant approaching you about chargepoints, find out more about our commercial EV charger installation service, or take a look at our EV fleet charging infrastructure guide if the project involves a larger vehicle fleet. |