As the UK’s fleet of electric vehicles (EVs) continues to expand, installation of public EV chargers is busy area of infrastructural activity.
According to statistics from Zapmap, which collates and reports UK EV charging data, a total of 87,796 public charge devices were available across the UK at the end of 2025, representing 116,052 individual connectors at 45,033 locations, and a 19% increase on the previous year’s number.
As the UK aims to reach 300,000 public chargers by 2030, commercial locations, such as businesses, shopping centres, and car parks, play a pivotal role in expanding the EV charging network.
As well as contributing to government decarbonisation targets, there are several benefits to businesses, such as retailers and restaurants, of installing EV chargers in their car parks.
These include an additional source of revenue from EV drivers paying to use the chargers; enhanced sustainability credentials; an advantage over competitors who do not offer EV charging; and increased footfall and greater dwell time from customers using the business.
How many chargers to install?
Following amendments to the UK’s Building Regulations that came into effect in June 2022, all new non-residential buildings (including retailers and restaurants) with more than 10 parking spaces must have a minimum of one EV charging point, and cable routes for one in five (20%) of the total number of spaces
For those not caught by these regulatory obligations – for example non-new-build premises, or car parks with fewer than 10 parking spaces – the number of chargers they can install depends on the space available and the ability to obtain planning permission and landlord consent.
While EV charging point providers will generally apply for planning permission themselves, specialist advice is usually needed to handle consent, title enquiries and to (re)negotiate commercial agreements for the installation of chargers.
The nature of the consent required to install charging points will depend on whether the property in question is leasehold or freehold, and how any existing commercial agreements between landlords and tenants are structured.
In the case of leasehold premises, a simple licence to occupy will generally cover installation of charging points, occupation of the site by third party EV charging point providers as well as the use and operation of the chargers. However, superior consent from the landlord for installing chargers will also usually need to be obtained.
For franchise models, which are popular with some fast food retailers and restaurant chains, the franchisee will usually need to grant an underlease to the EV charging provider, which will require the landlord’s consent.
Common blockers
For many retailers, the issue that most commonly puts the brakes on EV charging point installation is obtaining consent from landlords to situate chargers in their car parks.
Many retailers and restaurants may have entered leases five or more years ago, when accommodating EV facilities was not necessarily envisaged.
This generally means there will not be any express rights within the leases to allow for the installation of EV charging points, or for another company (i.e. the charging point provider) to occupy the site.
As EVs become more popular and landlords seek to improve or maintain the attractiveness of their premises to leaseholders, it is becoming easier and quicker to obtain consent for charging point installation.
In some cases, the landlord may refuse consent because they wish to install its own EV charges on site, rather than accommodate a third party provider.
This is partly due to the additional risks third parties bring (such as potentially defective equipment, safety issues or failing to maintain chargers) and because oversailing commercial arrangements between retailers and charging point providers may divert potential income from the charging points away from landlords.
A landlord may give consent to the installation of third party charging points in return for a premium on the lease or a share of the profits derived from their use.
Another common impediment to consent concerns how charging points will be powered.
This generally involves negotiation with either the independent distribution network operator (IDNO) or distribution network operators (DNO) – depending on who owns the local power network – and also with the landlord and the commercial tenant to agree how power will be run from substations to the charging points.
Some businesses may prefer not to have chargers powered from the same supply as their commercial premises, in case any issues with the charger affect their operations.
As most maintenance of and upgrades to charging points will require physical works on the equipment and parking spaces (especially if the chargers need to be relocated to another part of the car park), these will also usually require the landlord’s consent.Some leases will contain provisions around wayleaves to accommodate maintenance and upgrades, however where these don’t exist it is important to negotiate access rights at the outset.
When to obtain consent
Some charging point providers aim to secure consent for installation before they have secured planning permission.
While this approach can speed up the installation process, it can also run into trouble if planning permission is denied.
In these circumstances, applicants will find themselves back at square one and all the documentation will need to be revisited.
For retailers or restaurant businesses that are part of a large chain with multiple sites, denial of planning permission may require the EV charging point provider to look for a more suitable alternative site for installation.
However, if the original location is strategically important for the installation of charging points, applicants may face protracted negotiations with the planning authority and landlord.
On the other hand, where retailers have applied for planning permission before obtaining consent from the landlord, this can create friction if the first the landlord hears about the intention to install EV charging points is via a letter from the local authority – which may make them less inclined to give consent in a timely manner.
Whichever approach is taken, it is important to make sure all parties are on the same page with the plan to install EV charging points at the beginning of the process.
A more efficient approach
As the roll-out of EV charging points continues to accelerate, retailers, restaurants and other commercial premises car park operators are increasingly looking for more efficient ways to manage the consenting aspects of installation.
Rather than taking one site at a time, some commercial tenants are looking at bundling sites together so that applications can be processed in large volumes to speed up consent.
This approach requires early outreach to landlords to obtain their buy-in for installing chargers and spotting and resolving any issues, such as alienation and alteration provisions or inflexible subletting provisions across multiple leases that may prevent or delay consent, before installation works are programmed.
Having access to shared information platforms where all parties can access documents and track progress on a site-by-site basis allows for easier monitoring and reduces uncertainty about whether an installation project will be able to proceed.
This article was authored by Daniel Lowen, real estate partner at Dentons and Jannicke Brar, Deputy Managing Lawyer – Real Estate, at Dentons Helix.
