From 1 January 2025, if a large entrepreneur has more than 20 parking spaces, then it is required to install at least one charging point and channels for electrical wires and cables to enable the installation of charging points for at least 1 in 5 parking spaces.
This obligation has been imposed on entrepreneurs in the (Polish) Act amending the Act on Electromobility and Alternative Fuels and Certain Other Acts (Act of 2nd December 2021, Journal of Laws No. 21, item 2269).
Article 26 of that Act provides that:
1. In non-residential buildings with more than 20 parking spaces, the building owner or manager shall, by 1 January 2025, install at least one recharging point and conduits for electrical wires and cables to allow the installation of recharging points for at least 1 in 5 parking spaces, if those parking spaces:
(1) are located inside a building, or
(2) they are adjacent to the building.
2. An adjoining building referred to in paragraph 1(2) shall be understood as a connection with that building, in terms of ownership or use by other legal title, of a car park which:
(1) is directly adjacent to that building, or
(2) it is not directly adjacent to the building.
However, according to paragraph 3 of this article, this obligation applies only to large enterprises within the meaning of the Business Law (small and medium-sized enterprises are excluded).
Pursuant to the (Polish) Act on Entrepreneurs (Article 7 sec. 1 point 3), a medium-sized enterprise is an entrepreneur who in at least one of the last two financial years has met the following conditions:
- employed on average less than 250 employees per year, and
- achieved an annual net turnover from the sale of goods, products and services and from financial operations not exceeding the PLN equivalent of EUR 50 million, or the total assets of its balance sheet prepared at the end of one of these years did not exceed the PLN equivalent of EUR 43 million
– and who is not a micro or small entrepreneur.
At the same time:
- amounts expressed in euro are converted into Polish at the average exchange rate announced by the National Bank of Poland on the last day of the financial year chosen to determine the status of the entrepreneur, and
- average annual employment is calculated in full-time equivalents, excluding employees on maternity leave, maternity leave, paternity leave, parental leave and parental leave, as well as those employed for apprenticeships.
Please note that we do not include affiliates or partners here.
As of today, the Act does not provide for any sanctions in this regard.
Although the sanctions are provided for in the indicated Act itself, they do not apply to the obligation to have charging points – according to this Act, the obligation to have charging points is examined at the stage of obtaining a building permit and applies to newly built or renovated facilities.
However, closer to the deadline of 1 January 2025, sanctions for the lack of stations may be introduced.
