EV-ready building requirements

Legal Memorandum

Read the legal version from Lidstone & Co.

Installing EV charging in multi-family buildings after construction can be costly and technically difficult—especially in underground parking. By requiring EV readiness or charging infrastructure upfront, local governments can avoid expensive retrofits, promote equitable access to charging, and support the shift to electric vehicles.

Many B.C. local governments already require EV readiness as part of their zoning or parking bylaws, using their authority to regulate parking design. This is currently allowed because EV charging infrastructure falls outside the scope of the BC Building Code.

Looking ahead, the Transportation Demand Management (TDM) Bylaw offers a new and promising tool for implementing these requirements. While there’s no indication that existing EV Ready bylaws need to be changed to fit under TDM powers, local governments may choose to transition over time.

In all cases, it’s important to follow best practices, such as those outlined in EV Ready New Construction Requirements: Best Practice Guide for B.C. Local Governments (V2), and to plan for updates as technology evolves.

Other regulatory tools—such as covenants, phased development agreements and amenity zoning—can also be used to secure EV readiness. However, because these tools are applied on a parcel-by-parcel basis, they require more administrative effort.

Related Reading

EV Ready New Construction Requirements: Best Practice Guide for B.C. Local Governments.

Prepared by Dunsky Energy + Climate Advisors for the BC Local Government EV Peer Network and published by BC Hydro. Version 2, Jan. 2025.

Regulatory pathways

Transportation demand management bylaw

Last update: Sep. 2025

The Transportation Demand Management (TDM) Bylaw is likely the best option for local governments seeking to require EV charging infrastructure in new developments. This relatively new authority, introduced in 2024, provides clear and direct powers for municipalities to require EV charging through local bylaw. Section 527.1 specifically identifies electric vehicle charging stations as a valid transportation demand management measure.

How it works

Under the Local Government Act, local governments can adopt a Transportation Demand Management bylaw that requires property owners to:

  • Provide transportation demand management measures, such as EV readiness, installed EV chargers, or curbside charging (Section 527.1); and
  • Meet specific design standards for these measures (Section 127.1(2)(b)). If desired the local government can permit an opt-in payment alternative, where the owner may provide a cash-in-lieu contribution instead of installing infrastructure (Section 127.1(2)(c)).

Best practice recommendations

To ensure clarity and enforceability, local governments should:

  • Clearly state whether the bylaw requires EV readiness, installed chargers, curbside charging, or a combination.
  • Specify the required level of charger, such as Level 2 or DC fast chargers, where applicable.

By leveraging this new authority, local governments can adopt a streamlined and legally sound approach to expanding EV infrastructure, while offering flexibility to developers and maintaining consistency with local climate goals.

Considerations

The TDM bylaw offers clear authority and flexibility, including the ability to require EV infrastructure, set design standards, and accept payment in lieu. However, as a new tool introduced in 2024, it has limited implementation precedent. Careful bylaw drafting is essential to avoid overlap with the Building Act, and design standards may need to evolve as EV technology advances.

Covenant with developers to have EV ready parking stalls

Last update: Aug. 2025

A local government could obtain a section 219 covenant under the Land Title Act from an owner or developer that requires the developer to provide EV readiness.

How it works

A covenant can include the following provisions:

  • The requirements must be connected in some way to the use of the land, construction of buildings, subdivision, or protection of an amenity.
  • The covenant could be a promise from the developer that the development they are building will include 100% EV ready parking stalls, EV chargers at a certain percentage of parking stalls, curbside chargers available to the public, or any arrangement to which the developer agrees.
  • The council could consider a section 219 covenant at the time of rezoning, during subdivision approval, as part of a development or variance permit application, or through a phased development agreement.

Best practice recommendations

  • The covenant should be clearly and concisely written to reflect the specific commitment made by the developer or property owner.

Considerations

Section 219 covenants offer a flexible and enforceable way to secure EV readiness commitments tailored to individual developments. They can be used at key approval stages like rezoning or permitting. However, they require staff capacity for negotiation, legal review, and enforcement. Without strong integration into approval processes, they may be seen by developers as optional.

Phased development agreements to require EV readiness

Last update: Aug. 2025

A local government can use a Phased Development Agreement (PDA) to secure EV-related infrastructure in large or multi-phase developments. In a PDA, the developer agrees to provide certain amenities or features—such as EV readiness, installed chargers, or curbside charging—in exchange for the local government’s agreement to “freeze” specific zoning bylaw provisions for the duration of the agreement.

How it works

  • EV chargers, EV readiness, and curbside charging could all likely constitute amenities or features that a developer could agree to provide in a development.
  • The PDA outlines what the developer will provide and which zoning provisions will be protected from change during the agreement period.

Considerations

Phased Development Agreements are ideal for securing long-term climate commitments in large or multi-phase projects and allow for customization of EV-related features. However, they involve a longer negotiation process, are less suited to small infill developments, and only apply for the duration of the agreement.

Amenity zoning to require EV readiness

Last update: Aug. 2025

Under Section 482(1) of the Local Government Act, local governments can set two levels of allowable density within a zone. Higher density may be granted if the developer provides certain amenities defined in the zoning bylaw.

EV readiness, installed chargers, and curbside charging can all be considered eligible amenities under this approach.

How it works

  • A condition of amenity zoning could relate to the conservation or provision of amenities. EV chargers, EV readiness, and curbside charging would all constitute amenities that the zoning bylaw could require.

Considerations

  • Amenity zoning is a well-established and legally supported tool that aligns development incentives with climate objectives. However, it depends on developer interest in upzoning and may involve more complex bylaw drafting.

Glossary Entry

Transportation Demand Management (TDM) bylaws

Bylaws that support active and low-carbon transportation options in new developments.

As of 2024, local governments can enact a bylaw under the Local Government Act to require developers to include Transportation Demand Management (TDM) features, like EV charging stations, secure bike parking, and end-of-trip facilities, within new buildings.

Local governments can also set design standards and give developers the option to pay cash in lieu. If they collect these payments, they must report annually on how the funds are used. Unlike some other bylaws, no financial analysis or public consultation is required before adopting a TDM bylaw.

Glossary Entry

Bylaws Under the Community Charter

The Community Charter gives municipalities the authority to regulate specific local matters by bylaw.

Part 2 of the Community Charter outlines the powers municipalities have to pass bylaws in defined areas, following a “spheres of jurisdiction” model. This means local governments can regulate, require, or prohibit certain activities—such as animal control or public health—within specific policy areas, or “spheres.”

Some of these areas are classified as spheres of concurrent authority under Section 9 of the Charter. This includes:

  • Section 8(3)(i) – public health
  • Section 8(3)(j) – protection of the natural environment

In these cases, municipalities must receive approval from the relevant provincial minister before adopting a bylaw—even if the bylaw also addresses issues in non-concurrent areas.

Glossary Entry

Section 219 Covenants

A legal agreement registered on a property title that allows local governments to secure commitments from landowners.

Section 219 covenants, under the Land Title Act, are a way for local governments to enforce a landowner’s promise to do (or not do) certain things on their property—such as protecting a natural area, limiting certain uses, or ensuring specific construction standards. These covenants don’t need to benefit another property and can apply to any lot, though they’re often used in larger or more complex developments due to the administrative work involved.

A local government may consider a landowner’s offer for a covenant alongside rezonings, development permits, or subdivision approvals. Covenants are legally enforceable and may include financial penalties or specific legal remedies if breached.

Glossary Entry

Bylaws Under the Local Government Act

This provincial law gives municipalities and regional districts specific powers to manage land use, development, and local services.

Unlike the Community Charter, which follows a “spheres of jurisdiction” model, the Local Government Act (LGA) assigns specific powers to local governments. It specifies which sections apply to municipalities and which apply to regional districts.

Glossary Entry

Bylaws Under the Local Government Act

This provincial law gives municipalities and regional districts specific powers to manage land use, development, and local services.

Unlike the Community Charter, which follows a “spheres of jurisdiction” model, the Local Government Act (LGA) assigns specific powers to local governments. It specifies which sections apply to municipalities and which apply to regional districts.

Glossary Entry

EV-ready building requirements

Installing EV charging in multi-family buildings after construction can be costly and technically difficult—especially in underground parking. By requiring EV readiness or charging infrastructure upfront, local governments can avoid expensive retrofits, promote equitable access to charging, and support the shift to electric vehicles.

Many B.C. local governments already require EV readiness as part of their zoning or parking bylaws, using their authority to regulate parking design. This is currently allowed because EV charging infrastructure falls outside the scope of the BC Building Code.

Looking ahead, the Transportation Demand Management (TDM) Bylaw offers a new and promising tool for implementing these requirements. While there’s no indication that existing EV Ready bylaws need to be changed to fit under TDM powers, local governments may choose to transition over time.

In all cases, it’s important to follow best practices, such as those outlined in EV Ready New Construction Requirements: Best Practice Guide for B.C. Local Governments (V2), and to plan for updates as technology evolves.

Other regulatory tools—such as covenants, phased development agreements and amenity zoning—can also be used to secure EV readiness. However, because these tools are applied on a parcel-by-parcel basis, they require more administrative effort.