There is no denying that the future of personal mobility is electric. In 2024, we again witnessed a rise in registrations and sales of electric vehicles in the Netherlands: 35% of the new cars sold were electric vehicles (EV) compared with 31% in 2023. From 2030 onwards, all new cars in the Netherlands will need to be electric.

In light of this development, owners and operators of parking garages have to adapt to the new reality in which EV’s are becoming the rule rather than the exception.

EV charging obligations in properties

As of January 1, 2025, existing buildings (except for residential buildings) with more than 20 parking spaces on their building parcels must offer a charging point for EV’s, in accordance with the Structures Decree (known in Dutch as the Besluit bouwwerken leefomgeving, (Bbl)). This often means that owners of parking spaces in almost all forms – including ancillary parking belonging to retail spaces, leisure facilities or other functions – are obliged to install EV charging stations.

This means, for newly constructed properties or properties that have undergone a major renovation (excluding residential properties) that have more than 10 parking spaces, at least one-fifth of the parking spaces will need be equipped with lead-throughs (leidingdoorvoeren) for EV charging docks. For new residential properties or major renovations of such properties, all parking spaces will need lead-throughs, and no EV charging stations will need to be installed.

Fire safety concerns related to EV charging

With this mandatory increase of EV charging installations, questions arise regarding fire safety—the EVs’ lithium batteries bring a particular risk. Previous fire safety standards are no longer sufficient. The Bbl has set out some recommendations in relation to fire safety with regard to EV parking and charging, such as the installation of one switch to reliably shut off all charging stations in case of fire. It may not be enough; experts such as the Netherlands Fire Brigade as well as the Netherlands Institute of Public Safety, warn that additional measures may be required. Despite these important concerns, the Bbl does not contain an obligation to take extra fire protection measures for parking garages used for EVs (or even a large number of EVs). One could therefore argue that no specific additional measures must be taken when owning or operating a parking garage for EV’s.

I would argue, however, that this is not at all the case, since the Bbl contains duty-of-care provisions stating that all reasonable measures should be taken if there is a reasonable suspicion that dangerous situations relating to fire hazards can occur. Public authorities can, in principle, enforce this duty of care even in the absence of specific rules in relation to EV charging and parking. Reasonable suspicion can – in my opinion – in many instances be well argued due to the widely known fire hazards associated with EV charging.

If the duty of care is violated, authorities can enforce compliance on the basis of administrative law, or even in some exceptional cases, punitive law. In addition, in practice there is a commercial motivation for taking fire safety measures: Insurers, tenants and potential buyers of properties may back down if due measures are not taken to prevent EV-related fires.

Conclusion

Operators and owners of parking garages cannot ignore EVs, and those with more than 20 parking spots (or more than 10 for new properties) are obligated to install EV-charging infrastructure. Accommodating EVs brings new risks. In that regard, it is essential to be aware that one’s responsibilities go further than just compliance with the technical rules as written. Be mindful of your duty of care.