Everything you need to know about the right to take in a condominium!

In 2022, the French vehicle fleet should reach one million vehicles. To meet the needs of their electric charging, the legislator has provided for a “right to plug” for owners of electric vehicles residing in co-ownership. What is it exactly? Who is concerned, how to assert this right? Whether you are a tenant or a co-owner, this information concerns you.

1 – The “right to hold”: what does the law say?

The concept of the right to take appears in decree no. 2011-873 of July 25, 2011, which provides that people residing in co-ownership have the possibility of recharging their vehicle in their parking space. More recently, decree 2020-1720, which came into force on January 1, 2021expands and makes this possibility more flexible, thereby reducing implementation times.

  • The objective of the decree is simple: any owner of an electric vehicle living in a co-ownership must be able to have an outlet or an individual charging station installed on their parking space at their own expense.
  • The terminal is generally connected to the collective meter. But the law imposes a individual count electricity consumption, so that it is re-invoiced to the user. This presupposes the installation of an individual meter.
  • The time limit planned for the syndic’s agreement are reduced from six months to three months, as are the deadlines for the start of work.

NB : If you live in a building built after January 1, 2012, at least 10% of the parking spaces must already be equipped with an electric charging system. It has become a legal obligation.

2 – Who is affected by the right to hold?

Within the co-ownership (or single-ownership), the right to take concerns all occupants (including in good faith):

  • co-owners or tenants with a parking space;
  • owners or occupants of a parking space.

It should be noted that this concerns not only people with a electric vehiclebut also of those wishing to acquire one.

All types of parking are concerned, closed or not: box, covered parking space or outdoor location. In summary, the right to take concerns any occupant of a space for private use within a parking lot reserved for the co-ownership.

3 – How do I assert my right to take?

The procedure is specified in the decree. It is done in several steps:

Make a written request

Make your intention known to carry out work to have a charging station. You are a tenant ? Inform the owner-lessor, with a copy to the trustee. If you are a co-owner, inform the co-ownership trustee directly.

In all cases, your request must be sent by registered letter with acknowledgment of receipt. In your letter, ask that your project be placed on the agenda of the next general meeting of co-ownership.

Article R.111-1B of the construction code specifies the content of your request :

  • your intention to install a charging station at your expense, according to the right to take;
  • a detailed description of the work planned;
  • a technical intervention plan and the electrical connection diagram.

These technical details must be provided by a professional approved by you for your charging station installation project. For this, the decree obliges the property manager to guarantee the service provider’s access to the technical premises, so that he can study the feasibility of the project and draw up his estimate.

Wait for the trustee’s decision: 3 months, no more!

Even if you have to request the inclusion of your project on the agenda of the next GA, the syndic is not obliged to do so. He informs the general assembly but it is not necessary to submit your project to him for a vote. It is up to the co-ownership trustee to make his decision and notify his agreement.

This one has only three months, as from the reception of your letter, to be opposed to the project and to seize if necessary the legal court. After this time, consider that you have the agreement, whether or not it was notified in writing. Too bad if there was no general meeting; nothing should delay the three-month deadline.

Syndic-provider agreement: 2 months

The new decree puts the pressure! Before starting the work, he specifies that an agreement must be signed between the trustee (or the owner) and the service provider chosen by the applicant. This agreement determines the conditions of access and intervention of the service provider (technical premises and common areas), as well as the conditions of management and annual maintenance. It must be established within two months. What happens if this agreement is not established within the time limit? In this case, the plaintiff can go to court and ask it to set the conditions of access and intervention of the service provider.

Start the works within 3 months

Once the agreement of the syndic or the owner has been notified, the applicant can start the work within three months.

NB : Before taking this step, remember to check with the syndic. You never know: if he is considering installing a collective terminal, you might want to wait a bit. A shared system will certainly cost you less.

4 – Can the co-ownership oppose my request?

It’s unlikely, but it’s possible. Rest assured, the refusal of a trustee or an owner must be justified by a good reason! Precisely, the decree provides for two possible cases of refusal, constituting “a serious and legitimate reason”:

  • It exists déjà a socket or charging station;
  • The trustee has planned a collective charging solution for all occupants of the condominium. In this case, the individual right to take gives way to the collective proposal.

If the trustee refuses the work, he must enter the tribunal d’instance of the location of the building. But be careful: if you are notified of a refusal because of a common terminal project, the trustee has three months to actually start the work, and six months to carry it out (from the date of referral to the court). After this time, the applicant can carry out the work he had planned without worrying about the trustee’s refusal.

5 – What will be my responsibility?

The works carried out within the framework of the right to take must not weigh on the co-ownership. It is the applicant who must take charge of the work necessary for the installation of an individual charging station.

Here is what you will have to pay:

  • The purchase of the borne charging;
  • The counter individual provided for user billing;
  • The works installation and the wiring ;
  • on consumption electricity linked to vehicle charging.

However, the bill can be reduced by financial help provided by the State, which can go up to 1260 euros for an individual. In addition to the €300 tax credit and 5.5% VAT, this type of co-ownership installation allows you to benefit from the Advenir bonus. It corresponds to 50% of the amount of the project, within the limit of €960 per charging point.

NB : If the premises do not have any charging equipment, all installation costs are your responsibility, which can end up being a financial burden. It may be interesting to put your project on the agenda of the next general assembly. If other occupants express their interest, it could decide to install a collective electric charging system. The costs would be shared, which would be much more advantageous for everyone.

Leave a Comment