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Legislation for the management of the construction of electric vehicle charging facilities
Charging facilities should be built simultaneously in the new community
Recently, the "Regulations on the Construction and Management of Electric Vehicle Charging Facilities in Guangzhou Property Communities" (hereinafter referred to as the "Regulations") was approved by the ninth meeting of the Standing Committee of the 14th People's Congress of Guangdong Province and will come into force on May 1, 2024. In accordance with the legislative idea of "small incision", the full text of the "provisions" has a total of 19 articles, mainly regulating the responsibilities of the government and its departments, the proportion of charging facilities in new property communities, and the transformation, construction, management and maintenance of charging facilities in existing property communities.
01
Newly built, reconstructed and expanded property communities are equipped with parking spaces
100% construction or reserved installation conditions for charging facilities
The "Provisions" make it clear that the new property community shall be in accordance with the national, provincial and municipal proportional requirements for the construction of parking spaces synchronously construction of charging facilities or reserved installation conditions, and included in the overall project acceptance category. If the charging facilities are built simultaneously, they shall have the function of intelligent and orderly charging, and if the installation conditions are reserved, they shall meet the needs of direct meter installation and power connection of parking spaces. Renovation and expansion of new parking spaces in property communities shall be in accordance with the provisions of the preceding paragraph to build charging facilities or reserve installation conditions.
02
Promote the construction and renovation of charging facilities in old communities
The "Provisions" make it clear that the competent departments of industry and information technology, housing and urban-rural development departments, etc., shall promote the construction and transformation of charging facilities in existing property communities. If the conditions are met, the construction of charging facilities or the reserved installation conditions shall be included in the renovation of old communities; if the conditions are not met or the transformation of old communities is not implemented, intelligent and orderly public charging facilities shall be built in combination with the actual situation, or charging facilities shall be planned and constructed within a reasonable range of the surrounding areas, and shared mobile charging facilities shall be put into place.
03
Requirements for the construction of charging facilities
The "Provisions" make it clear that the construction of charging facilities in the property community shall meet the following requirements:
- Garages and parking lots for the construction of charging facilities shall pass the fire protection design review, acceptance or filing of construction projects in accordance with the law, and set up necessary fire protection facilities in accordance with the specifications.
- With the right to use a parking space with a validity period of more than one year and with the consent of the owner of the parking space, only one charging facility can be installed in the same parking space.
- Charging facilities shall comply with relevant national, provincial and municipal technical standards and management requirements.
- The construction unit shall follow the corresponding construction specifications, technical requirements and fire protection, civil air defense and other requirements, abide by the property management regulations in public areas, and shall not reconstruct or expand without authorization.
- Charging facilities shall be put into use after acceptance in accordance with relevant standards, and the owner or construction unit of the charging facilities shall provide materials such as the acceptance report of the charging facilities to the power supply enterprise and the property service provider.
- Other requirements stipulated by laws and regulations.
04
The property shall not obstruct or hinder the construction of charging facilities
The "Provisions" make it clear that the property service provider shall cooperate with the applicant, the power supply enterprise, and the charging facility construction unit to carry out on-site investigation, electricity installation, construction and other work, assist in providing relevant drawings and access conditions, and shall not obstruct or hinder the construction of charging facilities, and shall not solicit improper benefits.
It is clarified that residents can call the 12345 government service convenience hotline and power supply service hotline to complain and report the power capacity increase in the process of charging facilities in the property community, the property service provider's non-cooperation or unreasonable refusal, and related safety hazards and illegal acts.
If the property service provider does not cooperate, obstruct or obstruct the construction of charging facilities, the district housing and urban-rural development department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 3,000 yuan but not more than 30,000 yuan; if it solicits improper benefits, it shall be ordered to make corrections within a time limit and imposed a fine of not less than 50,000 yuan but not more than 150,000 yuan; if it constitutes a crime, criminal responsibility shall be investigated according to law.
05
Transformer capacity increase and transformation of property community
The "provisions" make it clear that power supply enterprises are responsible for the construction and transformation of charging facilities supporting the power grid, provide services such as telegraph installation and power capacity increase for charging facilities in property communities, and at the same time clarify that power supply enterprises can investigate and collect electricity demand, and do a good job in publicizing the power supply planning and distribution information of charging facilities in property communities, so as to meet the development needs of charging facilities in a forward-looking manner.
When the remaining power capacity of the property community does not meet the requirements of the construction of charging facilities, if the transformer is a public transformer, the power supply enterprise shall be responsible for the power capacity increase and transformation; If the new transformer land involves the owner's common land, the owner shall implement it through legal procedures.
06
The owner of the charging facility is the person responsible for the safety of the charging facility
The "Regulations" make it clear that the owner of the charging facilities in the property community is the person responsible for the safety of the charging facilities, bears the main responsibility for safety management, and is responsible for the daily safety maintenance, maintenance and hidden danger investigation and rectification of the charging facilities.
The owner of self-use charging facilities may entrust charging facility construction and operation enterprises, electric vehicle production and sales enterprises and other relevant units to manage and maintain charging facilities.
For charging facilities that are no longer in use, the owner of the charging facilities shall, within the prescribed time limit, apply to the power supply enterprise for electricity sales, dismantle the relevant facilities and equipment, restore the original state, and inform the property service provider, and the property service provider shall cooperate.
Enterprises engaged in the construction and operation of charging facilities shall, in accordance with the regulations, purchase safety liability insurance for the charging facilities they construct and operate, and residents may purchase public liability insurance for their self-use charging facilities and their parking spaces.
Article source: Guangdong law popularization comprehensive collation, the main content from the Guangzhou judicial administration