Electric vehicle charging requirements in planning
Approved Document S sets charge point provision for new dwellings and car parks. Here is where planning policy adds to it, and why the supply rather than the socket is the constraint.
Electric vehicle charging provision for new buildings is set by Building Regulations, not by planning policy. Part S of the Building Regulations 2010 and Approved Document S have applied since June 2022, and they set a floor: a charge point for every new dwelling with an associated parking space, and cable routes or charge points for other buildings above a parking threshold.
Planning policy can ask for more than that floor. It cannot ask for less, and a council that conditions what Part S already delivers is duplicating building control.
Where the requirement sits: planning policy or Building Regulations
Part S was inserted into Schedule 1 to the Building Regulations 2010 by amendment regulations in 2021, and Approved Document S came into force on 15 June 2022. It applies to new buildings and to buildings undergoing major renovation, by building type and parking count.
Planning still has a role in three situations.
Where local plan policy sets a higher standard, for example active provision to a percentage of communal spaces in a flatted scheme, that requirement is imposed by planning condition. In London the London Plan sets its own active and passive provision expectations and boroughs add to them.
Where the physical arrangement matters, planning controls the layout: where the bays sit, whether cables cross a footway, and how a charge point affects an accessible bay or a street frontage.
And where the development does not create a building, such as a standalone car park upgrade, Part S may not bite and planning is the only control.
The test to apply before conditioning anything is whether the requirement adds something Part S does not already deliver. If it does not, the condition fails the necessity test in Planning Practice Guidance on the use of conditions.
Active and passive provision explained
Active provision means an installed and working charge point. Passive provision, which Approved Document S refers to as cable routes, means the ducting, capacity and containment needed for a charge point to be fitted later without excavating the car park.
The distinction matters commercially. Passive provision is a fraction of the cost of active provision, and on a large car park the difference runs into six figures. It also matters technically, because a cable route that ends in a duct with no spare electrical capacity at the board is not passive provision in any useful sense. Specify the capacity as well as the duct.
Approved Document S sets a minimum charge point rating of 7 kW and expects a socket compatible with standard vehicle connectors. The Electric Vehicles (Smart Charge Points) Regulations 2021 require charge points sold and installed in Great Britain to have smart functionality, so the charge point in a new dwelling has to meet that too.
Requirements for dwellings with associated parking
The headline rule is simple. A new dwelling with an associated parking space gets a charge point. Where there are more parking spaces than dwellings, the additional spaces get cable routes.
Associated parking is the phrase that generates arguments. A space allocated to a dwelling, whether on a driveway, in a garage or in an allocated bay, is associated with it. Unallocated visitor parking is not associated with any particular dwelling and falls under the residential building rules instead.
There is a cost exemption. Where the cost of connecting to the existing electricity supply exceeds a stated cap per parking space, the requirement is limited to what can be installed within that cap. The cap is a specific figure in Approved Document S, and it has been the subject of consultation, so check the current document rather than a summary. Relying on the exemption means evidencing the connection cost with a quotation from the distribution network operator, not asserting it.
A residential building undergoing major renovation with more than ten parking spaces attracts requirements too, which is the rule that catches conversions with existing surface car parks.
Communal and unallocated parking in flatted schemes
This is where schemes get expensive and where local policy usually goes beyond Part S.
The building regulations approach for residential buildings with unallocated parking is a proportion of spaces with charge points and cable routes to the remainder. Many local plan policies go further, commonly requiring active provision to a percentage of spaces with passive provision to the rest, and some London boroughs require full passive provision to every space.
Three design decisions follow.
- Load management is usually necessary, because simultaneous full-rate charging on every bay is not a realistic supply assumption. A managed system reduces the connection size and the cost, and it should be described in the application rather than left to a later condition.
- Metering and billing arrangements matter in a block with a management company, and they are a common source of post-occupation complaint.
- Accessible bays need charge points designed for use from a wheelchair, with the unit height, bay width and cable weight considered together.
Where a scheme relies on a car club or on-street provision to justify low parking, set that out in the Travel Plan with the mechanism for securing it, because an unsecured commitment is not a material consideration a highway officer can rely on.
Electrical capacity, substations and the network operator
The constraint that stops schemes is rarely the charge point. It is the supply.
Ask the distribution network operator for a budget estimate at feasibility stage. The answer determines whether you need a new substation, how big the plant space is and where it sits. A substation is a building, and it needs to appear on the layout, the elevations and the Utilities Assessment rather than being drawn in later at the expense of a landscaped corner.
An illustrative example of the sequence, not of any particular cost. A 60 unit scheme with 45 allocated bays and 20 unallocated spaces asks the network operator for a connection quote. The quote returns a figure that requires a new substation, so the layout gains a 3 m by 4 m enclosure adjacent to the access road, a diversion of an existing cable, and a load management specification allowing the connection to be sized below the theoretical maximum. All three appear on the planning drawings. None of them would have if the enquiry had waited until after permission.
Timescales for network connections are long and are not within the applicant's control. Programme them alongside the planning application rather than after it.
Drawing and conditioning the provision
Show the following on the submitted drawings, and the condition drafting takes care of itself.
- Every parking space numbered, with allocated and unallocated spaces distinguished.
- Charge point positions marked, with the rating stated.
- Cable route positions and the termination point marked for passive spaces.
- The substation or supply point, with its enclosure dimensions and access for maintenance.
- Accessible bays with their charge points and the clear space around them.
- Any cable route crossing a footway, with the arrangement that prevents a trip hazard.
Standard conditions require details of charging provision to be submitted and approved before occupation. Where you have already shown it, ask for the condition to reference the approved drawings instead, which converts a discharge application into nothing.
One point on existing homes. Installing a charge point at a house is usually permitted development under Part 2 of the General Permitted Development Order, subject to limits on size and position and to the usual exclusions in conservation areas and on listed buildings. Check the current Order text, because Part 2 has been amended more than once.
A Transport Statement is the usual home for the charging strategy on a minor or medium scheme. PlanScope drafts one structured to UK planning policy, with a "to be confirmed" flag wherever network operator information is missing. This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Is EV charging a planning or a building control matter?
Both, at different levels. Part S of the Building Regulations sets the minimum provision for new buildings and major renovations, and applies whether or not planning says anything. Planning policy can require more, controls where the bays and equipment sit, and covers cases where no building is created. A condition that only repeats Part S fails the necessity test for conditions.
What is the difference between active and passive provision?
Active provision is an installed working charge point. Passive provision, described in Approved Document S as cable routes, is the ducting, containment and electrical capacity that allows a charge point to be added later without digging up the car park. A duct with no spare capacity at the distribution board is not useful passive provision, so specify the capacity as well as the route.
Does every new house need a charge point?
Every new dwelling with an associated parking space does, under Part S, subject to a cost exemption where connecting to the existing electricity supply exceeds a stated cap per space. Additional parking spaces beyond one per dwelling get cable routes. Relying on the exemption requires a quotation from the distribution network operator, not an assertion.
Do I need planning permission to install a charge point at home?
Usually not. Installing an electrical outlet or upstand for recharging vehicles at a house is generally permitted development under Part 2 of the General Permitted Development Order, within limits on size and position, and subject to the usual restrictions for listed buildings and some conservation area situations. Check the current Order text, because Part 2 has been amended.
When should I contact the distribution network operator?
At feasibility, before the layout is fixed. The connection answer determines whether a new substation is needed, how much space it takes and where it goes, all of which have to appear on the planning drawings. Network connection timescales are long and outside the applicant's control, so run the enquiry in parallel with the planning application rather than after it.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.