New state law ensures the right to install EV chargers in condominium garages across São Paulo

On February 18, 2026, State Law No. 18,403 came into force, establishing the right to install individual charging stations for electric vehicles (EVs) in autonomous parking spaces within residential and commercial condominiums located in the State of São Paulo.

Although the measure represents progress, it limits its applicability to autonomous parking spaces, excluding a significant portion of condominiums – especially those built in recent decades, as many such developments include parking spaces of a different nature: common-use areas assigned to individual units. Even when these spaces are classified as “accessory private areas”, they do not meet the well-defined technical concept of an “autonomous garage unit.” As a result, in condominiums structured this way, debates and impasses regarding the installation of electric vehicle chargers are likely to persist without an express legal resolution. Moreover, while the ensuing discussions concerning works for capacity upgrades affecting common areas remain subject to condominium assembly approval, such discussions shall henceforth be premised upon the recognition of the unit owner’s right to have their desired installation completed.

The new legislation also ensures that unit owners have the right to install, at their own expense, an individual charging station in their autonomous parking space, provided that all applicable technical and safety standards are met.

Among the key requirements, the law highlights the need for:

• Compatibility with the electrical capacity of the autonomous unit;
• Compliance with both the local utility company’s regulations and the Brazilian Association of Technical Standards (“ABNT”);
• Installation by a qualified professional who must issue a Technical Responsibility Annotation (“ART”) or a Technical Responsibility Registration (“RRT”); and
• Submission of prior formal notice, rather than a simple approval, to the condominium administration regarding the installation.

While the condominium bylaws may regulate matters such as communication procedures, technical standards, and liability for damage or electricity consumption, they may not prohibit installation without a duly substantiated and documented technical or safety justification. In cases of unjustified or discriminatory refusal by the condominium, the unit owner may file a complaint with the relevant public authorities.

Looking ahead, the law also requires that real estate developments whose projects are approved after its entry into force include, within their electrical systems, minimum capacity to support future installation of charging stations. The Executive Branch will establish the technical regulations governing this requirement.

State Law No. 18,403 represents a significant step toward resolving a recurring conflict in São Paulo condominiums. Many unit owners – even when willing to bear all installation and infrastructure costs required to increase the building’s electrical capacity – faced unjustified refusals. With the new law, these situations tend to become far less frequent, as it establishes a clear right for unit owners and imposes objective assessment criteria based on safety and technical standards, thereby precluding arbitrary prohibitions.