Why starting early is key to successful EV charging projects

Callum Leary | 04.11.2025

In this contributed blog, Callum Leary, partner in the commercial property team, breaks down the legal demands charge point operators (CPOs) face when installing new infrastructure and explains how to avoid frustrating bottlenecks. 

At the EV Energy & Infrastructure Summit earlier this October, I had the chance to host a roundtable on one of the sector’s biggest challenges: setting up EV charging stations. Around the table were representatives from law firms, charge point operators (CPOs), local authorities and other industry experts. A key takeaway was if you want a project to succeed, early engagement is essential.

This idea echoed across many of the summit’s panels. The consensus? Most delays aren’t due to lack of enthusiasm, they’re caused by misalignment. From a legal perspective, getting involved early isn’t just helpful; it’s critical to keeping things on track and avoiding unnecessary risks.

Legal work in the EV space doesn’t happen in a vacuum. It’s closely tied to land use, planning and the commercial model. If lawyers are brought in too late, problems can quickly surface, such as leases that don’t match the deal, rights that don’t cover the equipment or grid route or terms that don’t reflect how the site will actually operate.

Getting legal advice early helps spot issues before they become roadblocks. It can:

  • Shape the deal from the start: Bringing lawyers in at the heads of terms stage isn’t just about ticking boxes. It’s about making sure the deal reflects how the site will actually work in practice. For example, site access might seem straightforward, but if it’s not clearly defined in the early documents, it can lead to disputes later on about who can enter the site, when and for what purpose. Similarly, revenue sharing arrangements need to be aligned with the operational model. These can be on usage, fixed fees, or a hybrid approach. Early legal input helps capture these details accurately, avoiding the need to renegotiate later and ensuring all parties are on the same page from the outset.
  • Flag land or title issues: A site might look perfect on paper with a great location, good traffic flow and close to grid infrastructure, but hidden legal issues can derail everything. Early due diligence allows lawyers to dig into the title and uncover things like restrictive covenants (e.g. prohibiting commercial use), third-party rights (such as access easements or mineral rights) or planning conditions that could limit development. These issues aren’t always obvious and discovering them late in the process can lead to costly delays or even force a change of site. Identifying them early gives the project team time to either resolve the issues or pivot before too much is invested.
  • Align planning and grid strategy: Planning and grid connection are deeply interconnected and legal review helps ensure they’re not working at cross purposes. For instance, a site might be technically viable for grid connection, but if the planning route doesn’t support the necessary infrastructure the project could stall. Legal advisers can help test whether the proposed development is achievable under current planning laws, whether permitted development rights apply, and what consents or conditions might be needed. This alignment helps avoid scenarios where planning approval is granted but the grid connection isn’t feasible or vice versa.
  • Boost investor confidence: Investors and funders are increasingly cautious, especially in a sector as fast-evolving as EV infrastructure. They want to see that the legal groundwork has been properly laid before they commit capital. That means clear land rights, confirmed planning permissions and a viable grid connection are all backed by solid legal documentation. Early legal involvement provides this assurance, helping to de-risk the project and make it more attractive to potential backers. It also speeds up the due diligence process when funding rounds begin, as much of the heavy lifting has already been done.

In short, early legal engagement saves time, cuts costs and lays a solid foundation for every decision that follows.

Land is often the trickiest part of any EV charging project. Even when both sides are keen to move forward, deals can stall if lawyers are only brought in once negotiations are already advanced.

Landowners want clarity on disruption, reinstatement and liability. CPOs need long-term certainty around access, maintenance and the grid route. When lawyers are involved from the beginning, these concerns can be addressed proactively, not reactively.

Having legal advisers in early commercial conversations helps shape agreements that reflect how the site will actually operate. That means fewer unrealistic terms, faster negotiations and better working relationships.

The same goes for planning. While the Energy and Infrastructure Bill may simplify some aspects, planning risk is still a major factor. Early collaboration between lawyers, planners and technical teams helps clarify whether permitted development rights apply, what consents are needed and how conditions might affect timelines.

Grid connection is often seen as a technical challenge, but it’s just as much a legal one. Before a site can go live, wayleaves, easements and substation leases need to be negotiated and registered — and that takes time.

Early engagement between CPOs, DNOs, IDNOs, ICPs, landlords and their legal teams helps ensure:

  • All necessary land rights are secured before work begins.
  • Responsibilities for installation, access and maintenance are clearly defined.
  • The grid route aligns with lease boundaries and planning permissions.

If legal input comes too late, a project might reach practical completion but sit idle waiting on a missing consent, signature, or registration. Early legal involvement helps avoid those frustrating bottlenecks.

At Moore Barlow, we’ve been working in the EV charging space for years, advising CPOs, investors, and landowners across the UK. We were proud to sponsor the EV Energy & Infrastructure Summit and have been early adopters in this fast-moving sector.

Our team brings together property, planning and corporate expertise, all of which is grounded in a solid understanding of the commercial realities of EV infrastructure. We know how to structure agreements that support practical needs like grid access, site utilisation and long-term viability.

Early engagement isn’t just about good communication, it’s about building legal certainty around the project’s commercial and technical foundations. When lawyers, CPOs, landowners and grid operators collaborate from the start, potential issues can be spotted and resolved before they cause delays.

As EV infrastructure continues to grow, the projects that succeed will be the ones that get the basics right: clear rights, aligned contracts and legal structures that reflect how each site will actually be used.

Bringing legal advisers in early sets the stage for success. It protects investment, encourages collaboration and makes sure EV charging sites are not only deliverable, but sustainable for the long haul.

This article first appeared in EV Infrastructure News – 4 November 2025.