The EV charging consultation launched on 21 October 2026 could extend mandatory charging provision to covered car parks in new and substantially renovated buildings across England. Ministers are also seeking views on changing how tenants and leaseholders obtain permission for charging points.
Under the existing Part S building regulations, covered car parks generally require cable routes rather than installed charge points. The government is now considering whether enclosed and open-sided car parks should be treated like other new parking provision. No amendment has been made by launching this consultation.
For developers, managing agents and flat owners, the two exercises matter for different reasons. One could affect the specification and cost of future building work. The other could change the rules for requests to install chargers in existing leasehold or rented properties. Both close at 11.59pm on 16 December 2026. I would keep the two legal routes separate when assessing a scheme, because one does not answer the other.
What this EV charging consultation could change
The Department for Transport and Ministry of Housing consultation on Part S examines requirements first introduced in 2021. Under the current rules, the detailed obligations vary by building type and nature of the work, but covered car parks have been treated differently from uncovered spaces for charge point installation.
That distinction was originally retained while further research was undertaken into the fire safety of charging electric vehicles in enclosed spaces. The government notes subsequent industry guidance and research, while acknowledging that fire safety is still an important consideration. The consultation asks whether charging points should now be required in both enclosed and open-sided covered car parks.
This is not an instruction to retrofit every existing car park immediately. The central proposal is directed at new covered car parks and those undergoing major renovation. Final regulations, transitional arrangements and technical standards would need to be examined if ministers decide to proceed.
Covered parking: charge points versus cable routes
At present, Part S requires cable routes rather than working charge points for parking spaces in covered car parks. A cable route creates the infrastructure for a charger to be connected later but does not itself provide a usable charging facility. That distinction can make a significant difference to a residential development’s specification and future management.
Officials report that the current exception may make some building owners reluctant to install charging infrastructure. In older blocks, arranging a programme later can be more complicated than coordinating provision during initial construction, particularly where a shared electricity supply and billing arrangements are involved.
The EV charging consultation asks whether enclosed and open-sided car parks should both be included, and what technical or safety factors would need to be considered. I would expect development teams to examine electrical capacity, safe locations for equipment, fire strategy and how communal spaces will be operated, rather than treating the issue as a simple count of sockets.
The £3,600 connection cost threshold
A second proposal concerns the £3,600 average connection cost threshold used by Part S. Where the relevant connection cost limit is exceeded, the rules can instead require cable routes for spaces that would otherwise receive charge points. The government is asking whether that threshold remains appropriate after price rises since 2021.
Among the options under consideration is increasing the figure, potentially with regular inflation adjustment. This is a consultation about the cost mechanism, not confirmation of a new cap. The response will matter to those calculating the viability and electrical servicing costs of developments with substantial parking provision.
There are also questions about minimum charge point standards, load management, wiring requirements and whether buildings should accommodate future vehicle-to-home or vehicle-to-grid technology. The document does not propose immediately mandating those emerging technologies.
Tenants and leaseholders could gain clearer charging rights
Alongside the building regulations review, a separate government consultation on tenants and leaseholders proposes an ‘ability to charge’ for residents with access to off-street parking. Officials say that obtaining landlord or freeholder consent can be a barrier even when a resident is willing to pay for a charger.
Two broad routes are being tested. The first is voluntary guidance on requests and responses. The second would be legislation requiring landlords or freeholders to decide within a reasonable period and not refuse unreasonably. A suggested response period of 28 calendar days appears in the paper, but it is not an existing statutory deadline.
The EV charging consultation covering these rights considers demised, allocated and communal parking, including flats and mixed-tenure developments. It also explores who should meet installation, maintenance and eventual removal costs. The government’s starting expectation is that the resident would pay the initial installation costs, but the final allocation of liabilities is unsettled.
A freeholder could still have legitimate concerns, such as electrical capacity, compliance with technical standards, legal obligations or a building-wide installation programme. The important question is how a fair request process can distinguish sound reasons for refusal from indefinite delay.
This is not the same as today’s GPDO change
On 21 October 2026, separate permitted development changes also took effect for certain electric vehicle charging works in England. Planning Geek has already covered the new GPDO rights for cross-pavement charging and related infrastructure. Those rules concern whether specified works need express planning permission, subject to their particular limits and exclusions.
By contrast, the new EV charging consultation addresses building regulations and property consent procedures. Planning permission, building regulations compliance, highway authorisation, lease consent and electrical safety requirements are different questions. An exemption under one regime does not automatically resolve the others.
The proposals also apply to England, rather than automatically changing legislation in Wales, Scotland or Northern Ireland. Devolved administrations have their own arrangements for housing, buildings and roads.
Who should respond before 16 December?
Developers preparing new apartment blocks, car park owners, managing agents, housing associations, leaseholders, private landlords and charge point installers could all provide practical evidence. Particularly useful responses would quantify installation and connection costs, identify obstacles in covered parking and explain how requests currently work in multi-occupancy buildings.
Both government consultations opened on 21 October and close at 11.59pm on Wednesday 16 December 2026. The Part S consultation and the ability to charge consultation have separate questionnaires. Responses need to address the relevant questions using the official online forms or the alternatives set out on each page.
For now, the EV charging consultation does not amend existing legal requirements. The EV charging consultation remains a proposal, so its detailed outcomes cannot yet be treated as settled. Developers should continue to apply the current Part S rules and distinguish planning permission from building regulations and private property consent. We will report on the government’s response and any actual amendments if and when they are made.
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