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Writer's pictureEmre Can Anlar

Legal and practical approaches to the implementation of fast-charging infrastructure in municipalities

Electromobility is no longer a niche topic, but is well on its way to establishing itself as a sustainable mobility solution. However, the increasing number of electric vehicles is also accompanied by a rapidly growing need for fast charging infrastructure. Today we speak to Dr. Andreas Pfeiffer, Managing Director of greenventors, and Dr. Georg Queisner, specialist lawyer for procurement law at PwC Legal, about the current developments, challenges and legal hurdles in the provision of charging infrastructure, especially from a municipal perspective.

Dr. Andreas Pfeiffer (greenventors) & Dr. Georg Queisner (PwC legal) in conversation
Dr. Andreas Pfeiffer (greenventors) & Dr. Georg Queisner (PwC legal)

Dr. Pfeiffer, according to the International Energy Agency (IEA) and the Global EV Outlook 2024, it is predicted that there will be around 230 million electric vehicles on the road worldwide by 2030. How do you assess the current market development in Germany and globally?

Dr. Andreas Pfeiffer: The IEA's forecasts clearly show that electromobility is not just a temporary development, but that it will continue to grow massively on a global level. With around 14 million electric vehicles worldwide at present and a forecast increase to 230 million by 2030, we can see that the market is developing incredibly dynamically. In Germany, too, we already have around 1.3 million electric vehicles, and the need for charging infrastructure is constantly increasing. However, we are still lagging behind in the expansion of charging infrastructure. At the moment, we have around 90,000 public charging points, and only around 20% of these are fast charging stations. By 2030, it is expected that around 40 million public charging points will be needed worldwide to meet demand. In Germany, we will therefore have to step up our game here.


What role does the fast charging infrastructure play?

Dr. Andreas Pfeiffer: The fast charging infrastructure is the key to making electromobility suitable for everyday use - especially for long-distance journeys. Currently, around 20% of the charging infrastructure in Germany is made up of fast charging stations, which is not enough given the increasing number of electric vehicles. The number of fast charging points must be increased quickly to meet the requirements of the growing vehicle fleets. Fast charging stations make it possible to charge vehicles in 20 to 30 minutes, which is a decisive advantage not only for private users but also for commercial fleet operators.


Dr. Queisner, what legal hurdles arise when setting up such fast-charging infrastructure?

Dr. Georg Queisner: One of the biggest challenges is the approval process. A building permit is often required for larger facilities – for example if the facility has large roofs or additional facilities such as toilets. The charging hubs that many municipalities are planning in particular usually require a building permit. The building regulations also play a key role, particularly in residential areas, where disturbances caused by noise or lighting must be taken into account. Municipalities and operators must work closely together to ensure that the permits are issued in good time and that the expansion does not come to a standstill.


Are there any possibilities to deviate from the provisions of a development plan?

Dr. Georg Queisner: Yes, in some cases an exemption is possible under Section 31 of the German Building Code. The procedure assumes that reasons of public welfare make an exemption necessary. As a rule, an exemption is only considered if there are no suitable alternative sites and the project is of public interest. However, these exemptions are always a case-by-case decision and must be carefully examined. Especially in densely populated areas, it can make sense to use these legal options to advance the construction of the charging infrastructure.


Planning and implementation as a common challenge for operators and cities
Planning and implementation as a common challenge for operators and cities

What are typical obstacles in the planning and implementation of charging parks in cities?

Dr. Georg Queisner: If a municipality has selected an area for a charging park, the first question is whether the project can be implemented within the framework of the existing development plan. This can fail, for example, because the project is not permitted in the building area designated in the development plan. Municipalities must therefore pay particular attention to the fact that existing development plans affect the admissibility of the project. In many cases, an exemption is possible under Section 31 of the German Building Code. However, these exemptions must be examined and approved individually. Subordinate ancillary facilities, such as toilet facilities or kiosks, play a role here, as the intended use of the project may change due to these facilities. This can have an impact on the approval of a project.

If an exemption is not possible either, a municipality should consider changing the development plan and declaring the charging infrastructure in the planned area a permissible project. The federal legislator has created options for this in the Building Code.


Dr. Pfeiffer, in your opinion, what are the most important criteria that a location for a fast-charging park must meet?

Dr. Andreas Pfeiffer: A location must meet several essential requirements in order to be operated efficiently as a fast-charging park. First of all, we need enough space for at least two to four charging points with expansion options and space for a transformer, as high charging power is required. Accessibility is also important - the charging infrastructure must be accessible around the clock and have no height restrictions in order to be able to serve larger vehicles such as vans. Transport links are another crucial factor. Fast-charging parks should ideally be located on main roads or motorways. The availability of additional services such as toilets or restaurants also increases the attractiveness of the location and ensures higher capacity utilization.


An interesting question arose: Should fast-charging parks be legally treated like petrol stations? What impact does this have on the approval process?

Dr. Georg Queisner: That is a widespread misunderstanding. Fast-charging parks are not legally treated like petrol stations, although they have a similar function. The federal legislature has provided special regulations in the Building Code according to which municipalities can designate areas for fast-charging infrastructure in their development plans.


Can you give us an insight into the implementation process of a fast-charging park?

Dr. Andreas Pfeiffer: The implementation process begins with the identification of the location and the assessment of whether the location meets the necessary requirements - this also includes the availability of power connection capacities. This is followed by the design planning and coordination with the responsible authorities and network operators. As soon as the legal and technical requirements have been clarified, the construction phase begins and then the commissioning of the charging park. Close cooperation between municipalities and operators is crucial here in order to remove obstacles at an early stage. Experienced operators often bring standardized contracts and processes with them that can significantly accelerate implementation.

implementation process of a fast-charging park
implementation process of a fast-charging park

What opportunities and challenges do you see in the further expansion of the fast-charging infrastructure in Germany?

Dr. Andreas Pfeiffer: The opportunities are enormous, especially with regard to the acceleration of electromobility. Fast charging infrastructure can help make electromobility attractive for long-distance journeys. The challenge is to expand the infrastructure in good time and ensure that we can meet the growing demand. Close cooperation between municipalities, operators and network operators is required to meet this challenge. With the energieparkmakler platform, we bring owners and operators together more quickly, which makes the expansion more efficient.


Dr. Georg Queisner: I see the legal framework as an opportunity to drive forward innovative solutions. It will be important to create clear regulations that help municipalities to implement charging infrastructure projects easily. At the same time, we must ensure that legal hurdles - such as long approval procedures - are reduced in order to accelerate expansion. With the right legal and regulatory instruments, we can create the basis for a nationwide fast-charging infrastructure.


Finally, a question about the current discussion in Germany: We often hear that the topic of electromobility is losing momentum. How do you assess the market development?

Dr. Andreas Pfeiffer: Contrary to the prophecies of doom, I see it completely differently. Electromobility is by no means on the decline, but continues to grow steadily worldwide. However, growth in Germany is currently somewhat slowed, mainly due to the discontinuation of vehicle subsidies and the wait-and-see attitude of many buyers who are speculating on discount programs from vehicle manufacturers in the run-up to the 2025 fleet targets. When these discounts come, I expect a significant increase in new registrations of electric vehicles. In international comparison, Germany is currently lagging behind, but electromobility will definitely continue to gain in importance here - especially if we push ahead with the expansion of the fast-charging infrastructure in good time.

 

The expansion of the fast-charging infrastructure is a crucial factor for the future of electromobility in Germany. Cities and municipalities play a key role in providing the charging points, while legal and structural hurdles must be overcome to further boost the market. Dr. Georg Queisner emphasizes that legal expertise is essential here to speed up approval processes and overcome urban development challenges. PwC Legal supports municipalities and companies with tailored legal advice to pave the way for efficient implementation of the charging infrastructure. Platforms such as energieparkmakler and close cooperation between municipalities, operators and network operators are essential to overcome these challenges and promote the rapid transition to electromobility.

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