Germany
Contents
- Charging station ordinance (Ladesäulenverordnung, LSV) - Fast Charging Act (Schnellladegesetz, SchnellLG) - Energy Industry Act (Energiewirtschaftsgesetz, EnWG) - Low Voltage Connection Ordinance (Niederspannungsanschlussverordnung, NAV) - Building Electromobility Infrastructure Act (Gebäude-Elektromobilitätsinfrastruktur-Gesetz, GEIG) - State building laws (Bauordnungen des Bundesländer)
Charging station ordinance (Ladesäulenverordnung, LSV)
What is the LSV?
The LSV came originally into force on 17 March 2016 and has repeatedly been amended since. LSV specifies technical, interoperability and organisational requirements for publicly accessible charging points, including reporting obligations to the Federal Network Agency (Bundesnetzagentur, BNetzA). LSV aims at ensuring that publicly accessible charging points meet a uniform minimum standard so that electromobility becomes more practicable in everyday life. At the same time, barriers to the installation of new charging facilities are to be removed.
After the European Alternative Fuels Infrastructure Regulation (AFIR, EU 2023/1804) came into force on 13 April 2024, many of the requirements previously contained in the LSV are now covered by AFIR. However, some LSV provisions remain relevant e.g. on the notification requirements and potential enforcement measures. Applicable provisions of the LSV also vary depending on the point in time a charging point has been put into operation.
Who does the LSV apply to?
The LSV (as AFIR) applies to publicly accessible EV charging points and its operators. Charging points are publicly accessible if the parking space belonging to the charging point can actually be accessed by an undefined group of people or a group of people that can only be identified by general characteristics, unless the operator has restricted use to a specific group of people by means of clearly visible markings or signage at the charging point or in the immediate vicinity of the charging point; the group of people is not determined solely by the fact that use of the charging point is subject to registration or enrolment (cf. Sec. 2 no. 5 LSV).
What are the requirements?
The technical and payment requirements are specified in Art. 5 AFIR and require selective charging, a cashless and contactless payment option being available. In accordance with Sec. 5 LSV, BNetzA must be notified of the commissioning and decommissioning of public charging facilities as well as changes of the charging point operator.
Who enforces the LSV?
BNetzA is the central authority in Germany that monitors and enforces compliance with the Charging Point Ordinance and AFIR. Operators of publicly accessible charging points must register their systems with BNetzA and submit relevant technical data, including location and capacity.
Fast Charging Act (Schnellladegesetz, SchnellLG)
What is the purpose of the SchnellLG?
The SchnellLG aims to establish a needs-based fast-charging infrastructure in Germany in a certain standard especially covering inter-regional traffic and on federal motorways.
Who does SchnellLG apply to?
The SchnellLG sets the framework for implementing a nationwide fast charging network. The Act requires the competent federal ministry to set up technical, economic and legal requirements about coverage, accessibility, performance, reliability, suitability for needs, user-friendliness and environmental compatibility of the infrastructure offering. In addition, SchnellLG defines criteria for the public procurement procedure to be initiated by the ministry.
What are the requirements?
The SchnellLG prioritises the establishment of an adequate nationwide network of high-power charging points. The competent ministry acts as the coordinator.
The allocation of locations for fast-charging infrastructure is to be carried out as part of a tendering process (cf. Sec. 4 SchnellLG). Certain regions or route sections are put out to tender within defined periods of time to ensure the uniform expansion of the fast-charging infrastructure. Investors and operators apply for these tenders. It must also be considered that less profitable locations in rural or structurally weaker areas must also be supplied. Whoever is awarded the contract undertakes to install and commission the fast-charging infrastructure at the respective location in good time.
Who enforces the regulations?
The competent federal ministry is responsible for implementing and monitoring the SchnellLG. In particular, the ministry is responsible for organising nationwide tenders and regulating where and how fast-charging stations must be set up. In addition, the ministry can prescribe minimum technical requirements and timetables and monitor whether the commissioned operators fulfil these.
Energy Industry Act (Energiewirtschaftsgesetz, EnWG)
What is the EnWG?
The EnWG is the central set of regulations for the supply of electricity and gas in Germany. The purpose of the Act is to ensure that the supply of electricity and gas is as secure, affordable, consumer-friendly, efficient and environmentally friendly as possible (cf. Sec. 1 EnWG). In the context of electromobility, the EnWG regulates, among other things, access to charging infrastructure, the role of charging point operators and the integration of EVs into the energy system.
Who does the EnWG apply to?
Manufacturers of EVs and charging infrastructure must ensure that their products comply with the technical requirements defined by the EnWG and the ordinances based on it. For electricity grid operators EnWG limits the possibility of owning and operating EV charging infrastructure. Charging point operators are required to register the EV charging infrastructure with the market master data register (Markstammdatenregister) according to Sec. 111 EnWG and the Market master data register ordinance (Markstammdatenregisterverordnung, MaStRV).
What are the requirements?
Some general requirements apply to EV charging infrastructure as well. Sec. 49 EnWG defines technical safety standards all electricity installations, including EV charging infrastructure, must comply with. Electricity grid operators are obliged to connect EV charging infrastructure to their network on technical and economic terms that are reasonable, non-discriminatory, transparent and no less favourable than those applied by electricity grid operators in comparable cases to services within their company or to affiliated or associated companies (cf. Sec. 17 para. 1 EnWG).
More specifically, Sec. 14a EnWG allows reduced grid charges for controllable consumption devices such as charging facilities for EVs if the grid operator is granted the option of control. If the grid is overloaded, the grid operator may then reduce the power drawn from the private controllable devices to up to 4.2 kW for the duration of the specific overload. In return, connection users benefit from reduced grid charges. In addition, the grid operator is no longer required to authorise such devices.
Regarding grid connection of EV charging infrastructure, it is worth noting that the legal situation of “behind-the-meter” solutions currently experiences high uncertainty. Reason is that the underlying concept of so-called customer installations or self-consumption facilities (Kundenanlage) that is not considered being a distribution grid or part of such grid and therefore exempted from requirements like grid fees under EnWG is at stake. Based on a decision from the CJEU (Case C-293/23) the German Federal Court of Justice (Bundesgerichtshof, BGH) recently decided that power line systems are to be classified as distribution grids if serving to transmit electricity intended for sale to end customers. Therefore, the regulations for distribution grids would apply. It is expected that the existing provisions in the EnWG on the Kundenanlage will be changed by the legislator.
Who enforces the EnWG?
The Federal Network Agency (Bundesnetzagentur, BNetzA) is the central regulatory authority for the energy sector in Germany. In accordance with Section 54 EnWG, it monitors compliance with legal requirements and can take measures in the event of violations. For smaller energy supply companies with fewer than 100,000 connected customers, the state regulatory authorities are responsible in accordance with Section 54 (2) EnWG. They monitor compliance with the regulations at regional level.
Low Voltage Connection Ordinance (Niederspannungsanschlussverordnung, NAV)
What is the NAV?
The NAV is a German ordinance regulating the conditions for the connection to the low-voltage grid and their utilisation. The NAV aims to standardise and regulate the grid connection to ensure safe, reliable and non-discriminatory access to the electricity grid. It defines the rights and obligations of all parties and sets out the minimum technical requirements necessary for the proper operation of the electricity grid.
Section 19 para. 2 (2) NAV regulates the registration and authorisation of charging stations for electric vehicles with the grid operator.
Who does the NAV apply to?
While NAV is primarily aimed at operators of low-voltage grids for general supply, who are obliged to make their grids available for the connection of end consumers on a non-discriminatory basis, NAV in connection with EV charging sets requirements for charging point operators about the connection to the low-voltage grid.
What are the requirements?
The NAV places extensive technical and administrative requirements on the grid connection and its utilisation. According to Sec. 19 para. 2 (2) NAV, the grid operator must be notified in advance of the commissioning of a charging station. All charging facilities with a rated power of more than 12 kVA are subject to an additional authorisation requirement (cf. Sec. 19 para. 2 (3) NAV). This authorisation requirement does not apply to controllable facilities in accordance with Sec. 14a EnWG (see above). Details on the content and form of the notification can be regulated by the grid operator (cf. Sec. 19 para. 2 (5) NAV).
Who enforces the regulations?
The provisions of the Low Voltage Connection Ordinance are enforced at several levels and by various players.
As the primary enforcement authority, the grid operators monitor compliance with the NAV and their own Technical Connection Conditions (TAB).
As the supreme regulatory authority, the BNetzA monitors general compliance with the NAV by the grid operators. It can intervene and order measures in the event of systematic violations. The BNetzA also issues regulations that concretise the NAV, such as the regulation on the implementation of grid-oriented control of controllable consumption facilities in accordance with Sec. 14a EnWG.
In some federal states, state regulatory authorities are responsible for monitoring smaller grid operators and enforce the NAV in this context.
Building Electromobility Infrastructure Act (Gebäude-Elektromobilitätsinfrastruktur-Gesetz, GEIG)
What is the GEIG?
GEIG sets requirements for installation and equipping of preparatory infrastructure for and EV charging infrastructure in existing buildings and buildings to be constructed. It does not apply to non-residential buildings owned and primarily used by SMEs.
Who does the GEIG apply to?
The building owner is obliged to fulfil the requirements under GEIG with regard to EV charging infrastructure being installed or prepared to be installed. Craftsmen and craft enterprises must confirm the owner that the installation is in line with the requirements under GEIG.
What are the requirements?
Newly build buildings for residential and non-residential use as well as existing buildings that undergo a major renovation including the parking lot must have EV charging infrastructure installed if further defined number of parking lots is planned/existing (Sec. 6-9 GEIG). In addition, owners of existing buildings for non-residential use with more than 20 parking lots must install one EV charging post since 1 January 2025 (cf. Sec. 10 GEIG).
It is also possible to agree with owners of neighbouring plots to fulfil the requirements together (cf. Sec. 12 para. 1 GEIG).
Who enforces the regulations?
The local building authorities and public order offices enforce the requirements under GEIG. Non-compliance can be charged with an administrative fine of up to EUR 10,000.
State building laws (Bauordnungen des Bundesländer)
What are the State building laws?
The building laws in the federal states cover procedural requirements of the building permit procedure as well as requirements about the safety of buildings (for example on the distance between buildings and the material allowed to use).
Who does the State building laws apply to?
The state building laws generally apply to anybody who plans to build a physical structure (bauliche Anlage). In the context of EV infrastructure building the charging station falls in the scope of the building laws.
What are the requirements?
From a procedural perspective building EV charging infrastructure is exempted from the general requirement of a building permit and does not require initiating a building permit procedure in most of the federal states. This maybe different depending on additional features of a charging post like advertising screens.
However, exemption from procedural requirements does not come along with exemptions on the requirements of material law. In fact, EV charging infrastructure must meet the same criteria and requirements as other buildings. If not, authorities may step in and enforce adaption, shut down or order removal.
Who enforces the regulations?
The state building laws are enforced by the local state authorities (Bauämter). They can order halting works, prohibit use or removal of buildings.
In addition, administrative fines and liability to third parties may result from non-compliance.
