Since joining Moore Barlow’s Commercial Property team in our City office in March, I have enjoyed being exposed to a wide range of transactions, including leasehold matters, property sales and refinancing work. One area I have found particularly interesting is the work the team undertakes in the electric vehicle charging sector.
Although EV charging may appear to be a relatively straightforward use of land, my experience so far has shown me that the legal and commercial considerations can vary significantly depending on the type of site involved. Assisting with leases and ancillary agreements in this area has introduced me to the importance of understanding not only the property itself, but also how the site will be used, who will use it and what infrastructure is needed to make it commercially viable.
One of my main observations has been that the location of an EV charging site will inevitably influence the structure of the transaction. A standardised approach is unlikely to work across all sites because the legal arrangements need to reflect the practical realities of how the charging facility will operate.
Why location matters
In addition to commercial considerations (i.e. high utilisation) the location of an EV charging site affects many aspects of a transaction, from due diligence and searches through to lease length, rights of access, signage, grid connection arrangements and ongoing maintenance obligations.
The location will also impact what searches are required to establish whether the site is suitable. Tailoring the searches to the location helps ensure that proper due diligence is carried out at an early stage. This can assist in identifying any practical commercial or legal issues which affect the feasibility of the site before significant time and cost has been invested.
For example, a site located at a motorway service station is likely to raise different considerations from a site at a retail park, workplace, residential development or rural destination. Each site type has different user expectations and infrastructure requirements.
Motorway and roadside charging sites
Motorway service stations and roadside locations are often associated with rapid or ultra-rapid charging. Users at these sites are typically en route to another destination and are likely to want to charge their vehicle quickly before continuing their journey. Speed, accessibility and reliability are therefore central to the commercial success of these sites.
From a real estate perspective, this can influence the structure of the lease and the level of rights required by the operator. Where high-performance chargers are being installed, the operator may require a longer-term lease to justify the investment in costly equipment. These sites may also involve more complex arrangements relating to access, visibility, parking layout, traffic flow and the right to install and maintain substantial infrastructure.
Grid capacity can be a particularly important issue. Ultra-rapid chargers place significant demands on electricity supply, so the parties need to consider how grid connection works will be delivered and who will be responsible for delays if the required capacity is not available.
Risk allocation also becomes important. A landlord may want certainty that the operator will carry out works within agreed timescales and keep the site operational. An operator, on the other hand, may need protection if delays are caused by third parties, such as utility providers or network operators.
Retail and leisure park charging sites
EV charging stations at retail or leisure parks often serve a different purpose. Users visiting shops may expect to leave their vehicle charging while they spend time on site. In these locations, a range of charging speeds may be appropriate to fit the individual users’ needs.
This type of site demonstrates how EV charging can complement the existing use of a property. For a landlord or landowner, EV charging may help attract customers and increase the time they spend on-site. For an operator, the commercial opportunity is linked closely to footfall, visibility and ease of access.
The lease and related documents may need to deal with issues such as designated parking spaces, shared access roads, rights to install the charging equipment and the interaction between the charging facility and existing tenants. There may also be practical considerations around disruption during installation works, particularly where the charging spaces are located in a busy car park.
Signage is another important point. The lease should permit appropriate and effective signage so that customers can identify the charging facility easily. This may include signage at the entrance to the site and branding on or near the charging units themselves. Where retail parks already have strict estate signage rules, these need to be considered carefully.
In 2025 the UK Government pledged to change the rules around signage on major A-roads for the first time, acknowledging the importance of clear signage for users. You can read more about this in Richard Hughes ‘EV signage gets an upgrade’ summary.
Workplace and destination charging
Workplace charging sites and other destination-led locations involve different user behaviour again. Here, users may expect to charge their vehicles over several hours while they are working, attending a meeting, staying overnight or using the facilities on site.
These sites may not always require the same level of ultra-rapid charging infrastructure as motorway locations. However, they still require careful legal structuring. The parties need to consider who the end users will be and how access will be controlled.
Where the charging facility is intended for a specific group, such as employees or hotel guests, the documentation may need to reflect restrictions on use. Where it is open to the public, the operator may need wider rights relating to access, signage, payment systems, maintenance and customer support.
The success of these sites can depend heavily on the surrounding environment and facilities. A charging point at a hotel, for example, may add value because users can charge overnight. A charging point at a business park may support occupiers’ sustainability goals and provide a useful amenity for staff and visitors.
Residential and mixed-use developments
EV charging also has an important role in residential and mixed-use developments. These sites raise their own set of issues because the charging infrastructure may need to fit within a wider estate management structure.
Where charging points are installed in residential car parks, the legal arrangements may need to consider the rights of residents, management companies, freeholders, leaseholders and visitors. There may also be questions about the allocation of spaces, service charge recovery, maintenance obligations and future expansion if demand increases.
Mixed-use developments can be more complicated because different parts of the site may be used by residents, commercial tenants, visitors and members of the public. The documentation needs to be clear about who can use the chargers, when they can use them and who is responsible for maintaining the infrastructure.
This highlights another important point I have noticed: EV charging sites need to be structured with future demand in mind. As EV adoption increases, a site that is sufficient today may require additional capacity or more charging units in the future. Real estate documents therefore need to consider not only the initial installation, but also future upgrade rights, additional works and potential changes in technology.
Moving away from standardised leases
The EV charging sector demonstrates why leases and ancillary documents need to be tailored to the site in question. While many of the usual commercial property principles still apply, the sector requires a more practical and operational mindset.
The lease may need to address matters such as:
- Rights to install, inspect, maintain and upgrade charging equipment
- Access for customers, contractors and utility providers
- Grid connection arrangements and associated infrastructure
- Signage, branding and visibility
- Parking space allocation and traffic management
- Repair, maintenance and replacement obligations
- Reinstatement at the end of the term
- Performance obligations and minimum operational requirements
- Future expansion or changes in technology
- Exclusivity for operators where legally available
These issues show that the land itself is only one part of the picture. The commercial success of a charging site depends on how well the legal structure supports the intended use of the site.
Learning from an experienced EV charging team
The team at Moore Barlow’s London office benefits from strong experience in this area of law, having worked in the EV charging space for a number of years. The team advises charge point operators, investors and landowners across the UK, bringing together real estate expertise with an understanding of the commercial realities of EV infrastructure.
From my perspective as a trainee, it has been particularly valuable to see how legal advice in this sector needs to be both technically sound and commercially practical. It is not enough simply to document a lease of land. The agreements need to support the way the charging site will operate in practice.
My introduction to real estate law within the EV charging sector has shown me how quickly this area is developing, and how important it is for legal documents to reflect the specific characteristics of each site. A motorway charging hub, a retail park charging facility and a residential development may all involve EV infrastructure, but the legal and commercial considerations behind them can be very different.
I look forward to continuing to learn from the team as I develop my knowledge and understanding of this growing area of commercial real estate law.
