This article is about by-law updates for new EV laws in NSW.
The recent changes to NSW strata laws, which have removed the special resolution requirement for sustainability upgrades, are a landmark shift for apartment living. This EV guide will help your owners corporation understand the new sustainability rules and take the essential steps to prepare your building for the future.
Step 1: Understanding the New Legislation
The most significant change is the removal of the 75% special resolution vote for ‘sustainability infrastructure.’ Previously, a single dissenting owner could block a project. Now, these upgrades, including EV chargers, only require a simple majority vote (over 50%) to pass.
Key Legislative Changes:
- Simple Majority Rule: Motions to install sustainability infrastructure now pass with a simple majority.
- Prohibition on Vetoes: By-laws that unreasonably block sustainability projects based on aesthetic grounds are no longer valid (unless the building is heritage-listed).
- Mandatory Discussion: Owners corporations are now legally required to consider environmental sustainability at every Annual General Meeting (AGM).
- Deadline: As per the NSW Government website 1 July 2025 was the deadline for updating your sustainability by-laws to ensure they comply with the new laws.
This legislative push is a strong signal: preparing for a sustainable future is no longer optional — it’s a core responsibility of every strata scheme.
Step 2: The Crucial Role of a Comprehensive EV By-law
While the law has made approval easier, it has also increased the need for a robust, well-drafted by-law. A simple majority vote to install an EV charger can quickly lead to legal disputes if the owners corporation hasn’t proactively addressed key issues in a by-law.
A comprehensive EV by-law should cover:
- Technical Standards: Clearly define the type of chargers and cabling that can be installed to ensure safety and compatibility with the building’s existing electrical infrastructure. This prevents ad-hoc installations that could create fire risks.
- Cost Recovery: Outline a transparent ‘user pays’ system for all expenses—from installation and maintenance to electricity usage. This is crucial for avoiding disputes and ensuring non-EV owners are not subsidising the costs.
- Safety Protocols: Mandate regular inspections and establish clear emergency response plans for fire risks, particularly in enclosed spaces like underground carparks.
- Future-Proof Planning: A good by-law should be scalable and compatible with a building-wide load management system to handle the increasing demand as more residents acquire EVs.
Step 3: Your Action Plan
Taking a proactive approach is the most effective way to protect your building’s value and avoid future liability.
- Review Existing By-laws: Start by reviewing your current EV by-laws to identify any clauses that could conflict with the new legislation. Any by-law that unreasonably restricts sustainability infrastructure is now invalid.
- Communicate with Residents: Before proposing a new by-law, communicate openly with residents to understand their needs and concerns. This builds consensus and makes the voting process smoother.
- Draft a New By-law: Do not rely on generic templates. An effective EV by-law must be tailored to your building’s specific electrical capacity and resident needs.
Step 4: Secure Your Future with Expert Advice
Failing to have a current and comprehensive EV by-law is a significant liability that exposes your owners corporation to costly legal disputes, financial risk, and critical safety hazards, especially fire.
To truly future proof your strata scheme speak to our specialist strata legal team who can draft and register a by-law that is not only fully compliant with the new legislation but is also designed to address your building’s unique circumstances, ensuring a seamless, safe, and fair transition to a sustainable future for all residents.
Please Note: to ensure you are compliant, July 1, 2025 was the deadline for updating sustainability by-laws.
Adrian Mueller JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au P: 02 9562 1266
This post appears in Strata News #759.
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Read next:
- NSW: Q&A Are screen doors sustainability infrastructure in NSW strata schemes?
- NSW: Sustainability Infrastructure In Strata Schemes – The Good And The Bad
- NSW: Sustainability infrastructure: What is it & how has installing it been made easier?
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
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