Introduction
Environmental sustainability and energy efficiency have turned into priorities for emerging technologies in the face of the escalating climate crisis in recent years. In this context, transportation and automotive industries have undergone serious transformations, with the introduction of electric cars as an alternative to traditional internal combustion engine vehicles. The production of electric cars has significantly changed the automotive industry, and a service industry has been created for electric vehicles. In parallel with the global developments, Türkiye has also enacted various regulations, especially on electric vehicle charging stations.
Initial Regulations on Electric Vehicle Charging Stations
Türkiye gradually increased the number of regulations on electric vehicle charging infrastructure and stations and addressed the issue more comprehensively over the years. The country’s first regulation on electric vehicle charging stations was the Planned Areas Zoning Regulation (“Zoning Regulation”) drafted by the Ministry of Environment and Urbanization in 2013. With the provision added to Article 35 of the Zoning Regulation, titled “Gas Stations”, it was stipulated that electric vehicles could be recharged in parking lots, gas stations and other suitable locations upon the approval of the relevant electricity authority.
In addition to this provision in the Zoning Regulation, Article 5 of the repealed Electricity Distribution System Regulation of 2014 also set forth an important provision regarding the installation of electric vehicle charging stations. The relevant article stipulated that electricity projects containing the features and technical specifications of fast, medium and slow chargers to be installed for recharging electric vehicles should be submitted to distribution companies in connection applications of users other than legal entities engaged in electricity generation.
Various other regulations have been enacted over time to govern the installation of electric vehicle charging stations in public spaces, differently from the application procedures for users. Accordingly, the Regulation Amending the Parking Areas Regulation, drafted by the Ministry of Environment and Urbanization and published in Official Gazette No. 31434 of March 25, 2021, requires that parking areas with minimum 20 parking lots as well as parking areas to be constructed should allocate at least 5% of their space to electric vehicle chargers, offering 1 charger at minimum.
Revisions in the Electricity Market Legislation
As mentioned above, the Zoning Regulation and the Parking Areas Regulation laid down some provisions on electric vehicle charging stations as of 2013. However, Türkiye established a more comprehensive legal framework for electric vehicles and charging stations with the amendment to Electricity Market Law No. 6446 (“Law No. 6446”) of December 2021 and the regulation following this amendment.
Amendments to Law No. 6446 and Regulation on Charging Services
Following the amendments in December 2021, Law No. 6446 introduced definitions for relevant concepts, including electric vehicles, charging stations, certificates, and charging services. The Law also regulated charging services and the activities of charging network operators that would provide charging services. A crucial outcome of the amendments to Law No. 6446 was the enactment of the Regulation on Charging Services (“Regulation”) in April 2022 based on this Law. The Regulation set out procedures and principles regarding the establishment and operation of electric vehicle charging stations and the provision of charging services. It also laid down requirements for charging network licenses, business licenses and charging network certificates to be obtained by charging network operators who would establish and operate electric vehicle charging stations.
It should be noted that the amendments to Law No. 6446 and the provisions regarding the operations specified in the Regulation enforced based on these amendments, including the relevant requirements, applications and approvals, concern only those that will provide charging services commercially. Indeed, Additional Article 5 of Law No. 6446, titled “Charging Services”, states that the relevant charging services will be provided within the framework of charging network operator licenses and in accordance with the Law and the regulations issued based on the Law, aside from the exceptions granted by the Electricity Market Regulatory Authority (“EMRA”) for non-commercial purposes.
Electric Vehicle Charging Stations at Housing Estates and Apartment Buildings
One of the most important consequences of the growing electric vehicle market and the regulations on charging stations has been the need for the installation of electric vehicle charging stations. The legal dimension of this need and use has been the enactment of the Circular on the Installation of Electric Vehicle Chargers at Housing Estates and Apartment Buildings (“Circular”) issued by the Ministry of Environment, Urbanization and Climate Change (“Ministry”). The Circular refers to the provisions of the relevant law setting the legal framework for electric vehicle charging stations to be installed at housing estates and apartment buildings and explains the requirements for the installation. As such, the Circular recognizes electric vehicle charging stations as structures that do not require construction and a license. Therefore, it exempts these stations from the four-fifths consent requirement for construction in common areas under Article 19 of the Condominium Law. In addition, the Circular underlines that the legal basis of electric vehicle charging stations should be evaluated under Article 42 of the Condominium Law. Accordingly, these charging stations will increase the benefit to be obtained from common areas. Therefore, a decision approved by the majority of condominium owners, both in number and land share, will suffice for the establishment of these stations. In private parking spaces, which are add-ons of independent sections and not included in common areas such as parking lots in housing estates and apartment buildings, charging stations may be installed for personal vehicles without a decision of the board of condominium owners, provided that the existing electrical installation and other independent sections as well as common areas are not affected by this installation. However, even if the requirements regarding the installation of electric vehicle charging stations at housing estates, apartment buildings or independent sections are fulfilled, the approval of the relevant electricity authority must still be obtained, and the installation must be carried out in accordance with other relevant legislation.
Electric Vehicle Charging Stations at Workplaces
The widespread use of electric vehicles has also necessitated the installation of electric vehicle charging stations at workplaces and the revision of existing regulations on this issue. Indeed, the amending regulation, published in Official Gazette No. 32263 of July 29, 2023, revised the provisions in the Regulation on Business Licenses regarding the installation of electric vehicle charging stations at workplaces.
Accordingly, the “Energy Industry” section under the heading “Third Class Non-Sanitary Enterprises” of the Regulation was amended. The amendment abolished the obligation to obtain a business license for the installation of electric vehicle charging stations at workplaces and instead introduced the requirement to obtain a site allocation and operation permit for this purpose. The permit should be issued by the relevant metropolitan municipality. In its letter titled “Licensing and Certification of Electric Vehicle Charging Stations” of 01.05.2024, the Ministry stated that it aimed to streamline and simplify the certification and inspection procedures for this process.
Conclusion
The rapid growth of the electric vehicle market in Türkiye has given rise to various needs in this area and to initiatives and regulations targeting those needs. Legal amendments and relevant regulations introduced over the years, some of which are mentioned above, have clarified the legal aspects of electric vehicle charging stations, facilitated the use of these stations in different areas and encouraged people to use them.
Ahmet Oğul Aksoy, Associate
