Legal requirements

Since 11 March 2021, new legal requirements have applied for installing charging points in car parks of buildings. Specifically, they apply to buildings for which an environmental permit have been required for new construction or major renovation since 11 March.

Private individuals – both renters and owners – who purchase a charging station between 1 September and 31 December 2022 can benefit from a tax reduction of 45 %. That rate will be reduced to 30 per cent in 2023 and to 15 per cent in 2024. The amount for which a fiscal advantage applies and on which it is calculated comes down to up to € 1,500.00 per charging station and per taxpayer. The charging stations must, however, meet certain technological and ecological requirements. For example, the charging station must be able to control the charging time and power and must be able to run on green electricity – a “smartcharger” as it were.

Companies that invest in a charging station between 1 September 2021 and 31 August 2024 can count on an increased cost deduction. For investments made between 1 September 2021 and 31 December 2022, a deduction percentage of 200 % applies. Between 1 January 2023 and 31 August 2024, that percentage drops to 150 %. At agreed times of the day – during working hours or after – the charging station must also be accessible to third parties.

From 2025, it will be compulsory to install charging points in the car parks of certain existing buildings. These obligations stem from the European directive on the energy performance of buildings. From 2026, emission-free company cars must become the norm in Belgium.

We accompany you every step of the way and ensure that you are 100% compliant with all obligations and applications.

Non-residential buildings

Non-residential buildings or parking buildings (new or existing ones undergoing major renovation) with more than ten parking places shall be gradually fitted with:

  • at least two charging points with normal or high power for an electric vehicle;
  • infrastructure for electric lines (or at least cable ducts) for at least one in four parking spaces to allow for the installation of charging points (for normal or high power) at a later stage.

In addition, all existing non-residential buildings with more than 20 parking spaces will be equipped with at least two normal or high capacity charging stations by 1 January 2025.

Residential buildings

New residential buildings with a parking area of two or more parking places shall be provided with infrastructure for electric lines (or at least cable ducts) to enable the installation of charging points (for normal or high power) at a later stage. These obligations also apply to renovation houses that have more than ten parking places.

What car parks?

The obligations apply:

  • if the car park is located within the (parking) building;
  • if it is an adjacent car park;
  • if, in the case of major renovations, the renovation measures also apply to the car park or the electrical infrastructure of the building or car park.

For whom and from when?

The obligations apply to buildings for which an environmental permit has been required since 11 March 2021. The building owner or permit holder is responsible for complying with them.

Exceptions

In the event of major renovations, the obligations apply to:

  • the works on charging installations and electric lines of which the costs do not exceed 7% of the total renovation costs
  • the investments in charging installations and electric lines of which the costs do not exceed 7% of the total renovation costs.

Enforcement

The obligation is enforced by the Flemish Energy and Climate Agency (VEKA). If you do not fulfil the obligations, VEKA can impose an administrative fine of:

  • 2000 euros per missing charging station;
  • 1000 euros per parking place when electric lines infrastructure is missing to install the charging stations at a later stage.

Regulation

  • Decree containing general provisions on energy policy, TITLE XI/1. Administrative sanction for non-compliance with the requirements for electromobility.
  • Decree of the Flemish Government containing general provisions on the energy policy, TITLE IX/1.

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