Electromobility is radically changing the face of cities and the approach to the transport sector. The need for eco-friendly and comfortable travel is in everyone's interest, but as it turns out, issues related to charging infrastructure continue to generate challenges. One example is a dispute between a resident of a Warsaw housing estate and the housing community, which was resolved in court. This groundbreaking ruling gives electric vehicle drivers the opportunity to install EV stations in underground garages.
It all started in 2021, when the owner of a parking space in a Warsaw housing estate submitted a formal request to the housing community for permission to install a charger. Under the current Act on Electromobility and Alternative Fuels, the community was required to respond to the request and grant consent unless there were technical reasons preventing installation. Despite this, no decision was made for nearly two years.
The operator Elocity came to the user's aid and took legal action on his behalf. The case went to court and resulted in a ruling that could set a precedent for the entire electromobility market.
Safety and Charging Availability
During the proceedings, the cooperative attempted to cite safety issues, claiming that installing a charger in the garage posed a fire risk. Meanwhile, according to data from the State Fire Service, only 10 electric car fires have been recorded in Poland since 2020, only one of which occurred in an underground garage. By comparison, approximately 8,000 combustion engine vehicle fires occur annually. Statistics clearly indicate that charging an electric vehicle poses no greater risk than parking a classic car, especially since modern charging systems meet stringent safety standards.
Therefore, the District Court for Warsaw Praga-Południe ruled that the cooperative violated the provisions of the Act by failing to act: instead of conducting analyses and investigations and making a decision, the cooperative's management avoided liability for two years. The court not only found inaction but also ordered consent for the installation of a charging point, explaining that the parking space owner has the right to install charging infrastructure, and refusal can only occur for compelling technical reasons, which were not identified in this case.
In addition to the consent order, the applicant was also ordered to pay court costs. However, this is only part of the potential consequences. The parking space owner also has the right to seek compensation for the lost ability to charge the vehicle, which could mean additional costs for the community. This is an important warning to all property managers who ignore statutory obligations – the consequences can be both legal and financial.
Elocity as a representative – actively fighting for user rights
This is not the first time that the operator Elocity has represented the interests of e-car users in the fight against unfounded refusals from communities and cooperatives. The company has been conducting educational, legal, and investment activities for years, supporting the transformation of EV infrastructure in Poland. In the Warsaw resident's case, Elocity not only prepared the documentation and technical design for the installation, but also acted as attorney-in-fact throughout the proceedings. Thanks to the company's involvement, they not only secured consent for the charger installation but also laid the foundation for interpreting the regulations in future cases.
Although the judgment concerns a specific housing community in Warsaw, its significance is much broader: it sets an extremely important precedent for interpreting the provisions of the amended Electromobility Act and can be used as a reference point in similar cases across the country. For operators, users, and the communities themselves, this sends a clear message: the regulations require action, and delay or obstruction can result in a costly court hearing.
Electromobility in Practice – Comfort, Safety, and Development
The development of electromobility means not only investments in public infrastructure but also changes in residential construction. The ability to charge a vehicle from one's own parking space is a matter of comfort, independence, and, in the long run, lower costs of using an electric car. Thanks to the positive ruling, Poland is step by step approaching the real availability of EV infrastructure without barriers, bureaucracy, and unjustified resistance.
✅ FAQ – Frequently Asked Questions
Can a housing association refuse to allow the installation of an EV charger in an underground garage?
According to the Electromobility Act, the association must grant consent if there are no technical reasons preventing installation. Refusal without justification may be unlawful.
What are the legal consequences for a housing association that ignores an application for a charger?
Failure to act may result in a court judgment, an order to grant consent, and the obligation to reimburse legal costs. The applicant may also apply for compensation.
Is charging an electric car in an underground garage safe?
Yes. Statistics show that EV fires are much less common than combustion engine vehicle fires. Modern chargers meet stringent safety standards.
Who can help install an EV charger in an apartment building?
Operators like Elocity offer technical, legal, and design support, and also represent users in disputes with housing communities.
Does the Warsaw court ruling have implications for other cities?
Yes. The ruling sets a precedent and could serve as a reference point for similar cases across Poland, strengthening the rights of EV owners.
What are the benefits of charging an EV from your own parking space?
It means greater comfort, energy independence, time savings, and lower operating costs for an electric vehicle.
