NSW Strata EV Charging Reforms 2025–2026: What Owners Corporations Need to Know
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NSW Strata EV Charging Reforms 2025–2026: What Owners Corporations Need to Know — Before the First Charger Goes In
NSW is in the middle of the biggest shake-up of strata laws in a decade — and at the centre of it is the electric vehicle. From 1 July 2025, owners corporations can no longer block EV chargers, solar panels or battery storage purely on aesthetic grounds. And the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2026 — which passed the NSW Legislative Assembly earlier this year and is now before the Legislative Council — goes further again. If it becomes law, every NSW apartment owner will have a statutory right to install an EV charger on their lot, and owners corporations will have just three months to formally object on reasonable grounds before approval is taken to have been granted.
Combined with the NSW Government's $100 million Electric Vehicle Strategy 2026, this is a fundamental rewrite of how chargers, batteries and lithium-ion devices coexist in shared buildings. If you're a strata committee member, owners corporation, building manager or strata manager, the question is no longer whether EVs and lithium-ion are coming into your building — it's how you manage the risk on the way in.
NSW EV Strategy 2026: NSW Climate and Energy Action
NSW Government EV in strata resources: https://www.energy.nsw.gov.au/
What's changed and what's coming
From 1 July 2025: Sustainability infrastructure protections
- By-laws that block sustainability infrastructure — EV chargers, solar panels, home batteries — on aesthetic grounds are no longer enforceable (except for heritage-listed buildings or conservation areas).
- Owners corporations must actively consider environmental sustainability at every AGM.
- Sustainability infrastructure can be approved by a lower voting threshold under section 138B of the Strata Schemes Management Act 2015.
Imminent: The Strata Schemes Legislation Amendment (Miscellaneous) Bill 2026
Sections 132D and 132E of the bill create a new right for strata lot owners to install an EV charger — including a basic 10A power outlet, not only a full 7kW wallbox. The process:
- The lot owner gives written notice to the strata committee.
- The committee has 3 months to respond.
- If the committee does not respond in time, approval is deemed to have been given.
- Objections must be in writing and based on reasonable grounds — committees can't simply refuse.
- The standard owner-renovation rules (sections 108–110) don't apply, removing a layer of red tape.
If passed, this will substantially shift the balance between the owners corporation and individual lot owners. Buildings that haven't planned for EV charging will be playing catch-up under the clock.
The broader $100M NSW EV Strategy 2026
NSW now has more than 117,000 EVs registered, with EVs at 15.6% of new car sales in the state. The strategy invests in kerbside charging, fast-charging networks, electric trucks, workforce training, and — critically — emergency service training for EV incidents. Bidirectional charging (V2H/V2G) is being explored, meaning the EV in the basement carpark may eventually power the building.
What this means for owners corporations
The risk profile of a strata building has changed in three ways simultaneously:
- EVs in the basement. Cars carrying 60–100 kWh lithium-ion battery packs are now being parked and charged on common property.
- E-bikes and e-scooters in apartments. Smaller lithium-ion devices are being charged in hallways, bike rooms, courtyards and individual lots — often overnight, often unattended.
- Home batteries. Increasing numbers of strata buildings are installing shared BESS or allowing individual lot battery storage under the federal Cheaper Home Batteries rebate.
The new laws prevent unreasonable refusal of these technologies — but they don't transfer the risk away from the owners corporation. Common property fire damage, smoke damage to other lots, public liability and insurance excesses still sit with the scheme. Section 106 of the Strata Schemes Management Act 2015 still imposes a duty to maintain and repair common property.
The by-law gap most schemes haven't closed
Standard model by-laws were written for a different building. They typically don't address:
- Where lithium-ion devices may or may not be charged (hallways? bike rooms? lots only?)
- What charging equipment is acceptable (RCM-marked chargers? original manufacturer chargers only?)
- What happens when a damaged battery needs to be removed from the building
- Who pays for an EV charger install, the metering, and the electricity
- What fire safety equipment must be present near common-property charging zones
- Insurance disclosure and notification obligations on the lot owner
- Emergency response protocols for lithium-ion incidents
A dedicated EV and lithium-ion by-law — drafted with the new July 2025 protections in mind — closes most of these gaps. NSW Government publishes example motions and by-law templates, and most strata law firms offer custom drafting.
The fire safety layer the by-law can't provide
A by-law tells residents how to behave. Fire safety equipment tells the fire what it's allowed to do.
Lithium-ion fires in strata buildings behave differently from other building fires:
- Burn at temperatures up to 1,600°C
- Release toxic gases (hydrogen fluoride, carbon monoxide) before visible flame
- Resist suppression by standard sprinkler systems and dry-chemical extinguishers
- Can re-ignite hours or days after appearing extinguished
- Trap heat and fumes in enclosed basement carparks, intensifying the fire
NSW Fair Trading reports that lithium-ion battery fires are now the fastest-growing fire risk in the state, with Fire and Rescue NSW recording 323 lithium-ion fires in 2024 alone.
What a strata-grade lithium-ion safety setup looks like
Common-property charging zones
Wherever an EV charger, e-bike charging point or BESS sits on common property, equip the immediate area with lithium-ion-rated fire blankets and extinguishers — mounted, signed, and accessible to residents and building managers.
Browse EV fire blankets →
Browse EV fire extinguishers →
Shared bike rooms and e-micromobility storage
Designated charging zones with proper ventilation, separation from exits, and visible safety equipment are now best practice. A bike room is the highest-density lithium-ion environment in most strata buildings.
Containment for damaged batteries
When a resident reports a swollen or damaged battery, the building needs an interim containment solution before disposal — not an open garage corner. Lithium-ion containment bags handle this safely.
Industrial-grade options for larger buildings
For commercial-tier strata buildings with shared BESS, fleet EV charging, or large basement charging arrays, fire curtains and zoned containment systems become appropriate.
View industrial EV fire solutions →
Strata-specific guidance
We've put together tailored advice specifically for owners corporations, strata managers and building managers working through what these reforms mean in practice:
https://evfiresolutions.com.au/pages/strata-ev-fire-safety
A practical sequence for committees
- Audit your existing by-laws for clauses that may now be unenforceable under the July 2025 sustainability reforms.
- Draft a dedicated EV and lithium-ion by-law covering charging locations, equipment standards, insurance notification and emergency procedures.
- Commission an electrical and load assessment of your main switchboard and basement infrastructure — this nearly always becomes the bottleneck.
- Designate and equip charging zones with appropriate fire safety equipment.
- Brief residents and onsite staff on lithium-ion incident response: evacuate, close doors, call 000 and mention battery involvement.
- Update your insurance disclosures — insurers are increasingly asking about EV charging and lithium-ion storage.
Talk to us
If you're a strata committee, owners corporation, strata manager or building manager working through what these reforms mean for your scheme, we're happy to help you scope a lithium-ion fire safety setup matched to your building's size, layout and risk profile. We supply across Australia and ship from Sydney.
Browse the full range: https://evfiresolutions.com.au/
Get in touch: https://evfiresolutions.com.au/pages/contact or sales@evfiresolutions.com.au
The reforms make it easier for residents to install chargers. They don't make it safer. That part still sits with the building.
This article is a general summary of NSW strata law reforms and lithium-ion safety considerations as at the time of writing. The Strata Schemes Legislation Amendment (Miscellaneous) Bill 2026 was before the NSW Legislative Council at the time of publication and may have changed. Always obtain independent legal advice for your specific scheme.