Right to Charge Part 2: Adapting Global Policies to Malaysia's Unique Context

LAST week we examined Malaysia's electric vehicle (EV) landscape, the challenges posed by its multi-unit housing structure, and the global 'Right to Charge' models that could inform Malaysia's approach.
This week let's explore how these global policies can be adapted to Malaysia's unique context, considering its legal framework, property governance structures, climate conditions, and socioeconomic factors.
Creating an effective 'Right to Charge' framework for Malaysia requires more than simply copying policies from other countries. It demands a thoughtful adaptation that respects Malaysia's existing legal structures while providing clear pathways for residents to install EV charging infrastructure at their homes.
According to the Ministry of Housing and Local Government, as of 2023, Malaysia had over 23,000 stratified schemes with about 7.4 million residents. Any 'Right to Charge' legislation must work within or strategically amend this framework.
Let's start with the basics, Malaysia's stratified properties are governed by the Strata Management Act 2013, which creates a distinct legal environment for implementing 'Right to Charge' policies.
The dual ownership structure in stratified properties means individual units are privately owned while common areas are collectively owned and this requires careful consideration especially for older and more common type of arrangements.
In newer developments where parking bays have individual strata titles, a streamlined approval process with minimal restrictions could be implemented but most developments parking spaces are owned collectively and here is where attention is needed.
To make this work there has to be a standardised application process that includes a defined timeline for management corporation response (let's say 30-60 days) and it has to clearly define criteria for what constitutes reasonable grounds for denial and, perhaps more drastically, default approval is issued if there is no response within the specified timeline.
To help it along, the Strata Management (Maintenance and Management) Regulations 2015 could be amended to include specific provisions for EV charging installations, creating a standardised process nationwide.
This would address the current situation where, according to a 2023 survey by the Real Estate and Housing Developers' Association Malaysia (Rehda), 72 per cent of management corporations have no formal process for handling EV charging requests.
This correlates close to the Commissioner of Buildings which says, only 14 per cent of management corporations currently have by-laws addressing EV charging.
Let's not get in the weeds but enough to suggest that amendments that explicitly recognise EV charging installations as permitted modifications to common property, subject to reasonable conditions.
This would prevent blanket rejections while still allowing management corporations to establish reasonable guidelines.
Perhaps specific provisions and bylaws that lays out standardises application and approval processes for all stratified properties can be drawn up for adoption by management corporations.
These are rigorous technical requirements that may be well out of the reach of the typical management committee.
It's also important to look at climate specific challenges for EV charging infrastructure so that all parties feel that this often little understood position has been properly considered.
Factors like weather proofing standards should be developed for Malaysia, together with unique heat dissipation requirements and all that moisture in our air may require specific anti-corrosion specifications and in some areas there is a need for addressing flash flood protection.
It's important not to brush aside any concerns raised because management boards are always worried about their liabilities should anything go wrong, sometimes something as simple as not having a shade over a charger may lead to overheating.
Then there is the issue of maintenance. Schedule and type of work that should be carried out must be well understood, standardised and perhaps even codified to make clear areas of responsibilities of all parties involved and who should be responsible for liabilities should anything go wrong.
Nobody wants to talk about things going wrong.
Then there is the matter of who should bear the cost because some of it are clearly individually born but others are forced on the common area.
For example the cost of hacking and installation of cables to the individual chargers and all related requirements are born by the party requesting the installation, however the change in the aesthetics and comfort level in the common area is a cost born by all.
It sounds petty but it will be raised and if it has not been properly considered, there will be no good answer to the question.
When it comes to the financial aspect, the government may want to step in with an extension of the Green Technology Financing Scheme (GTFS) to specifically cover residential EV charging infrastructure.
Perhaps a tax incentive similar to the current RM2,500 personal tax relief for EV charging could be created for management corporations and property owners and maybe Tenaga Nasional Bhd can develop special tariffs and infrastructure support programs specifically for residential EV charging, similar to their existing special industrial tariffs.
Further amendments of legislations including the Electricity Supply Act and building by laws will be required to create a comprehensive legal framework that addresses the current regulatory gaps and there are a lot of gaps.
According to legal experts at the Malaysia Automotive, Robotics and IoT Institute (MARii), 87 per cent of current EV charging installations in multi-unit dwellings operate in a regulatory "gray area" due to the lack of specific legislation.
Once we have worked out the specifics of the rules and regulations we must not forget about enforcement and dispute resolution that covers specifically EV charging issues.
For example Strata Management Tribunal may need better defined jurisdiction over EV charging request disputes with clear compliance guidelines that explains what constitutes reasonable denial.
These could include safety concerns that cannot be mitigated through standard engineering solutions, documented electrical capacity limitations that cannot be reasonably addressed and perhaps installation of the charger requires significant structural modifications that would compromise building integrity.
The guidelines would address the current situation where, according anecdotal evidence a large portion of denied installation requests cite vague "safety concerns" without specific details.
Adapting global 'Right to Charge' policies to Malaysia's context requires careful consideration of the country's unique legal framework, property governance structures, climate conditions, and socioeconomic factors.
In the third and final article of this series, we will explore the implementation details, stakeholder roles, and a practical roadmap for putting this framework into action.

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