The draft amendment, prepared by the Ministry of Climate and Environment (MKIŚ), was published in mid -June on the website of the Government Legislation Center. The new regulations are to improve the process of obtaining consents for loader installations, and also eliminate irregularities in real estate management activities that now inhibit the implementation of such investments.
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Difficulties in assembly
In its commentary on the project, PSNM emphasized that currently the installation of chargers in multi -family buildings encounters many difficulties. As the Association noted, the new regulations are to “significantly facilitate the residents of multi -family buildings to run private charging points”, while entering the European standards of electromobility support. PSNM also points out that the opening of the market for such investments will create new opportunities for companies specializing in the installation of chargers.
PSNM, however, spares no criticism of the current regulations, which he considers imprecise and poorly enforced. According to the association, managers of communities and housing cooperatives often do not take actions required by law, such as ordering expertise determining the possibility of technical installation of the charger. – The lack of clearly defined provisions enabling their enforcement leads to numerous delays and even prevents investment – comments Jan Wiśniewski, director of the PSNM analysis department. The problem is also the refusal to agree by managers, often inconsistent with the content of expertise.
According to the MKIŚ project, real estate managers will have a deadline for 14 days on behalf of an expert opinion and informing about the resident who submitted the application. After this period, the Applicant will be able to prepare an expertise and submit it to the management board.
PSNM points out that it is crucial to introduce additional mechanisms disciplining property managers. The Association postulates about the precise determination of the date by which the manager is obliged to inform the resident about the steps taken. – The current term “immediately” is too flexible and allows any interpretation – emphasizes Wiśniewski. PSNM suggests that this time does not exceed three business days.
The ministry wants to speed up the procedures
MKIŚ assumes that the new regulations will improve the investment process and guarantee the preservation of adequate supervision over the technical infrastructure of buildings. As announced, the owner of the apartment, who also has a parking space, in the event of unjustified refusal to consent to the installation of the charger, will be able to proceed to the investment after the set time. In this way, new mechanisms are to prevent real estate managers from blocking investor activities.
The draft amendment, which is part of the government's deregulation initiative “We check”, also introduces changes in the way the regulations are enforced. In the assessment of the effects of the regulation, it was indicated that in the event of a positive expertise and no reasons for refusal to install, the Applicant will have a clearly defined right to carry out the investment.
Although PSNM positively assesses planned changes, the association emphasizes the need to further improve the regulations. Potential legal gaps can still lead to abuse and inhibit the development of electromobility. PSNM offers, among others Introduction of an order to allow access to real estate to employees preparing expertise and precise regulations regarding cooperation with experts.
Everything indicates that the next weeks in which public consultations are planned will be crucial to develop the final shape of the act.
