Maharashtra was among the inaugural states in the country to come up with an Electric Vehicle (“EV”) policy in February 2018, to promote sustainable and clean mobility solutions and to make it a top state in EVadoption. The EV Policy was updated on July 27, 2021, to push EV sales and encourage manufacturing within the State.
EV adoption supports various sustainability goals of the State and benefits the public at large, including better air quality, reduced noise pollution, enhanced energy security and reduced greenhouse gas emissions. EV owners also benefit from the relatively lower operational and maintenance costs, but are often faced with challenges related to charging the vehicles, which often begins with securing permissions from the housing society to install EV chargers.
In this blog, we examine whether a housing society in Maharashtra can deny permission to instal EV chargers in multi-storied parking space allotted to members, given the guidelines on installing EV charging stations, fire safety, and recent judicial precedents.
Is permission from the housing society needed to install EV chargers?
In the matter pertaining to ownership of parking spaces, the Hon’ble Supreme Court of India[1] has upheld the Hon’ble Bombay High Court’s order, which, inter-alia, held that as soon as the municipal corporation issues occupation certificate and Society is registered, the building, as well as the stilt parking spaces, open spaces and all common amenities become the property of the Society. Thus, any additions/ alterations of the property belonging to the Society would require the Society’s consent.
November 2022 Circular
The need to procurea‘No Objection Certificate’ (“NOC”) from the societyto instal an EV charger stems from a circular issued by the Ld. Co-operative Commissioner and Registrar, Co-operative Organisation, Pune, Maharashtra State, dated November 21, 2022 (“November 2022 Circular”). The Circular mandates the society to issue NOC within seven days, from the date of application,provided the individual installing the charger adheres to the guidelines prescribed in the Safety Advisory for EV Charging Stations (EVCS) across Maharashtra, issued by the Chief Electrical Inspector (CEI).The Circular, referring to the State’s EV policy, notes that issuing such NOCs will further enhance EV adoption rate in the city as private vehicles rely on home charging for up to 80% of their charging needs.
2022 Fire Guidelines
Although the November 2022 Circular requires housing societies to issue an NOC within seven days of application, often housing societies resist issuing it on some or the other ground. The most cited reason in buildings having multi-storied car parking spaces is the risk of a fire hazard and requirement for the society to adhere to the Fire safety Advisory/ Guidelines for EV charging stations, dated October 10, 2022, issued by the Mumbai Fire Brigade, Brihanmumbai Municipal Corporation (“2022 Fire Guidelines”)[2].
Under the 2022 Fire Guidelines, different safety requirements are applicable for – (i) Private charging, (ii) Semi-public charging and (iii) Public charging. Although a general summary of the fire safety requirement states that EV charging stations/ points shall be permitted only in the car parking areas in the first basement with ramps, ground floor, and first podium level, a deeper evaluation of the 2022 Fire Guidelines suggests that such a restriction is only applicable for semi-public charging and public charging spaces. Hence, this restriction is not listed in the safety requirements for private charging stations/ points. In fact, it is expressly stipulated that slow/ moderate power charging stations/ points shall be allowed in parking areas in the building. Thus, in addition to first basement with ramps, ground floor and first podium, installation of private charging stations/ points is also permissible on all other podium floors.
Pertinently, the November 2022 Circular was issued after the 2022 Fire Guidelines and the Guidelines issued by the Chief Electrical Inspector (that are enclosed with the November 2022 Circular) were addressed to the Chief Fire Officer, Mumbai Fire Brigade, Mumbai.
2024 Fire Guidelines
On July 18, 2024, the Directorate of Maharashtra Fire Service, Government of Maharashtra, has issued a circular prescribing ‘Guidelines for Safety of Parking Structures Provided as per the Unified Development Control & Promotion Regulations 2020 and Maharashtra Fire Prevention & Life Safety Measures Act, 2006 (“2024 Fire Guidelines”)[3]. The 2024 Fire Guidelines prohibit EV charging point/ station only in automated car parking tower, puzzle car parking and basement car parking areas. Thus, the 2024 Fire Guidelines revalidate and echo the above understanding and interpretation of the 2022 Fire Guidelines for private charging stations/ points.
EV Guidelines issued by the Ministry of Power
On September 17, 2024, the Ministry of Power, Government of India, issued Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure-2024 (“EV Guidelines”)[4]. The EV Guidelines, inter-alia, are applicable to private parking spaces and expressly promotes installation of EV chargers in Group Housing Societies and other places. Further, the EV Guidelines state that residents can install private EV charging stations in their designated parking spaces and the distribution licensee will ensure electricity supply through the resident’s existing meter or a separate sub-meter, depending on the consumer.
Judicial Precedents
On January 14, 2025, the Bombay High Court heard a writ petition[5] filed by a resident member of a society who was denied NOC for installation of an EV charger. The petitioner, inter-alia, requested the Court to direct the Registrar of Co-operative Society to exercise his power under Section 14 of the Maharashtra Co-operative Societies Act, 1960, and amend the Model Bye Laws to provide for the provision of charging infrastructure. Noting that the issues raise two significant points: i) advancing technology in the automobile sector, and ii) positive impact on the environment through the use of electric vehicles, the Bombay High Court directed the competent/ concerned authorities to finalise the draft conditions/ rules for installing charging stations in cooperative societies for electric vehicles, expeditiously and on priority for implementation. Further, the Bombay High Court directed the Registrar of Co-operative Society to communicate the finalised conditions/ rules to all concerned and to consider issuing necessary directions to the societies under the provisions of the Maharashtra Co-operative Societies Act, 1960, to appropriately amend their bye laws, in accordance with the finalised conditions/ rules.
Recently, while deciding a complaint filed by a member against the society, the Ld. Assistant Registrar of Co-operative Societies, Mumbai, directed the society to issue NOC within seven days for installation of a private EV charger in their parking space located on the fifth podium level. The society challenged the Ld. Assistant Registrar’s order in a Revision Application before the Ld. Divisional Joint Registrar, citing the 2022 Fire Guidelines and contending that the Society was not even heard before the Ld. Assistant Registrar passed the said order. Upholding the Ld. Assistant Registrar’s order, the Ld. Divisional Joint Registrar reiterated that it will be proper to issue NOC to the member to install the EV charger and that the Ld. Assistant Registrar had correctly issued the order.[6]
Conclusion
There are enough signs to indicate the government’s commitment to promoting EVs. Central and State governments have offered subsidies to promote purchase of EVs. India’s commitment for net zero emissions also postulates faster adoption and manufacturing of EVs. In this mighty ambition, a housing society can certainly play a supporting role by providing NOCs to its members for installing EV chargers easily and without delay. After all, every little bit helps!
[1] Nahalchand Laloochand Pvt. Ltd. Vs Panchali Cooperative Housing Society Ltd., (2010) 9 SCC 536
[2] EV Charging.pdf (mcgm.gov.in)
[3] Guidelines of Parking.pdf (mahafireservice.gov.in)
[4] Guidelines_and_Standards_for_EVCI_dated_17_09_2024.pdf (powermin.gov.in)
[5] Amit Dholakia v. The State of Maharashtra, Writ Petition 1580 of 2024
[6] Order dated January 30, 2025 in the matter of Ajmera Zeon CHS Ltd. Vs Mr. Hemant Kumar, Revision Application No. 446 of 2024.
