Brother Yong, the new energy car owner's installation of charging piles in his own parking space is blocked by the property, who is rational?

Text introduction: On August 18, 2022, the Chongchuan Court of Nantong concluded a case of property service contract disputes caused by the owner and the property company due to the installation of charging piles. The opinion of the opinion agreed and provided the necessary cooperation and assistance during the on -site exploration and charging pile installation of the power supply enterprise. In March of this year, Gu Mou bought a new energy electric vehicle. In order to facilitate charging, he plans to install a charging pile on his own underground parking space. After consulting with the local power supply company, Gu Mou learned that it was necessary to submit the ownership certificate of the vehicle space, the purchase certificate of the electric vehicle, and the consent of the property service company to install the charging pile certificate. As the owner of the parking space and vehicles, Gu Mou's corresponding certification materials were complete, but they encountered difficulties when applying for a community property company to issue a certificate of installation. The property company refused to stamp the certificate of consent for the installation certificate for various reasons. After many negotiations failed, Gu Mou helplessly complained the property company to Chongchuan Court.

During the trial, the property company stated that there is no independent new energy parking space in the community. There is a safety hazard in installing and charging piles in the underground parking spaces mixed with fuel vehicles in the new energy vehicle; and the installation of charging piles on the parking space involves the use of public parts. This will infringe the rights and interests of other owners. In addition, the owner's request to cooperate with the installation charging pile also exceeds the scope of the property service contract between the two parties. Therefore, the property company did not agree to the stamp of the consent of Guou's consent.

The court trial believes that the owner ’s purchase and use of new energy vehicles is to actively respond to the strategic requirements of national energy conservation and emission reduction, and it should be affirmed. The charging pile as a supporting infrastructure of new energy vehicles is an important guarantee for the development of the new energy vehicle industry. Therefore Many departments such as the General Office of the State Council and the National Development and Reform Commission have issued multiple opinions and notices to clearly support the construction of electric vehicle charging infrastructure in the residential area and require property companies to assist and cooperate. As the owner of his parking space, Gu Mou has the actual needs of installing a charging pile after purchasing a new energy electric vehicle, so he has the right to apply for a charging pile on a private parking space.

Regarding the defense opinions of the hidden safety hazards proposed by the real estate company's underground parking space installation piles, according to the "Guidance Opinions of the Construction and Installation of the Self -use Charging Facilities of Electric Vehicles in the Nantong residential area" in 2020, the installation of the charging pile must be conducted by the power supply enterprise and formulate charging charging. Pile access plan planning, confirm the installation conditions, complete the supporting network construction project construction, and then install and charging facilities with corresponding qualifications. Moreover, the completion of the installation of the charging pile does not mean that the original and the defendant can relax the management. As a actual user, Gu should regularly maintain the charging pile to ensure safe use; property companies should also strengthen daily inspections and supervision. Put forward corrections and rectification in a timely manner, and take precautions.

Regarding the defense opinion on the installation and charging piles proposed by the property company to infringe the rights and interests of other owners, the court believes that Gu Mou's installation of charging piles on his parking space is the use of its proprietary property rights. The use of common parts or facilities is also reasonable to use the proper part to cooperate and assist in the use of the value of the proprietary part and to achieve the use value of the proprietary part.

As for whether the installation of the charging pile is a scope of the property service contract, according to the relevant provisions of the "People's Republic of China", if the parties are not clearly agreed on the contract performance method, they are fulfilled in accordance with the purpose of the purpose of the contract. The charging pile system to achieve an indispensable equipment for the use of new energy vehicles. Property companies cooperate and assist the installation of charging piles to provide property services for the community and promote the category of the healthy interaction between property companies and the majority of owners. The meaning of serving the property. Based on this, the Chongchuan Court made the above judgment in accordance with the law.

Planning: Chen Dichen

Application: Ren Guoyong Zhang Bingjing

Camera: Lu Jing Zhao Chen

Editing: Weng Sijia (Internship)

Design: Shen Tianle (Internship)

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