your charging point
The right to take
What is the right to take?
Since 1 November 2014, following the publication of decree no. 2014-1302, the right to take has come into force. In short, it enables all co-owners, tenants and bona fide occupants to find a recharging solution for their electric vehicle, without having to go to a general meeting of the managing agent.
Still too little known, decree 2020-1720 offers more possibilities and allows all users of electric vehicles to have a recharging solution. All residents of a condominium or single-family home in an agreement building, i.e. a building that depends on a condominium manager, can claim their right to a plug.
As of January 2021, the new decree will allow the following to be extended right to take. This is no longer an obligation. The car park may be "enclosed and covered", the space may be covered, enclosed or not, and outside.
Article L113-16 of the French Building Code (CCH) requires owners or co-owners' associations to guarantee the service provider access to the technical premises of the building concerned, so that a feasibility study can be carried out and an estimate drawn up for the work to be carried out.
The AGM is optional
Le right to take does not require the matter to be discussed and voted on at the General Meeting. It is a matter of informing the syndic, to enable the syndic to communicate and share the information with the other members of the General Meeting. No vote is therefore required.
As you will have gathered by now. If the date for your work is scheduled after the General Meeting, the syndic cannot force you to postpone it. In this case, the syndic will report on the work already carried out.
Can the co-ownership refuse my right to a plug?
To assert this right to takeYou must send this by registered post:
- The syndic if you are an owner
- The landlord if you are a tenant
Initially, we had to wait six months for a positive response from them. In the absence of a response from them, the agreement was in principle.
From now on, once the notification has been sent, the owner or managing agent will only have the following options three months to oppose the project.
This is rarely the case, as refusal requires a serious or legitimate reason, which means that the case must be referred to the courts. This is covered by article R113-7 of the CCH. In practice, the only reasonable refusal situation is where the tenant or owner decides to carry out the work themselves, or if the co-ownership is already equipped.
After the three monthsThis is an implicit agreement that the tenant or owner can start the work.
What you need to do to apply for the right to take a car
Our advice for your right to take claim
Before considering an individual co-ownership solution, there are a few things you need to know:
- A metering solution: so that electricity consumption linked to the user's terminal is billed independently of the building's common areas.
- Ask your neighbours. If one of your neighbours has already built an individual solution, you'll have an idea of the scale of the work involved. How can this be done? There must be a metering solution for them. And so you can find out whether the building's capacity is sufficient to accommodate your installation.
- Apply for right to take as early as possible: as soon as you order the vehicle, notify your landlord or property manager.
- Check the installations around your home. Even if 90% of charging takes place at home. But if your company has an infrastructure and you're not a big driver, you may not need a charging point.
- Test your vehicle first: if you have a plug-in hybrid vehicleIf you don't have a parking space, the bollard is not necessarily useful. Likewise, if you don't drive much, it's better to check out the nearby bollards.
To help you apply for your right to take, you can download our model letters:
- If you are a tenant, you must send your request to your landlord. Click here to download our sample letter.
- If you are a property owner, you should send your request to your condominium manager. Click here to download our sample letter.
Assistance for which you are eligible
Anyone who has installed a charging point, whether tenant or owner, is eligible for the bonus. Coming soon. You can also claim a tax credit.
- A €500 tax credit
- The advenir premium, which covers up to 50% of the cost (excluding VAT) of the installation, up to a maximum of €600 per charge point.
Changes in eligibility conditions for individual charging points in apartment buildings :
From 1 August 2022, the eligibility conditions for individual charging points in collective residence change.
From now on, only T2S single-phase charging points will be eligible for the ADVENIR programme.
A quick reminder: the rate and amount of aid for this target remain unchanged. It is still equal to 50 % with a maximum amount of €960 excluding VAT per recharging point.
Once the request has been made
Articles L113-17 and R 113-9 of the CCH stipulate that once the contract has been signed between the beneficiary and the service provider, a period of 2 months must elapse before the agreement between the owner and the co-ownership manager is signed.
The terms and conditions governing your installer's access to and use of the communal areas, and the management and maintenance of the electrical equipment, determine the common terms and conditions. If there is no agreement, you will have to take your case to court to have the terms and conditions of access and use of the service provider chosen to install the charging point set.
Further information - Beev, your simple charging point installer
Conclusion
Le right to take allows all electric vehicle users to find a home recharging solution, which is the case for 90% of private individuals according to Adem. This article of the law, combined with the Advenir bonus, makes the adoption of electric vehicles more accessible for private individuals whose vehicle is located in a condominium.
If you would like to find out more aboutsupport for the installation of charging points for private customers in 2024For more information, see our article on this subject.
