The site is the first licence of every charging station, and the two questions deciding project feasibility are how long the land can be leased and whether the plot carries the right use purpose for charging activity. This article answers both under the Land Law 31/2024, including the mobile and temporary charging case.
Legal basis
- Land Law 31/2024, Article 172: the land use term where the State leases land for an investment project is considered under the operating term of the project, not exceeding 50 years; for large-capital slow-payback projects and projects in areas with difficult socio-economic conditions needing a longer term, not exceeding 70 years.
- Land Law 31/2024 on non-agricultural land groups: commercial and service land is the group used for service business activities such as EV charging stations; land must be used for the purpose recorded in the allocation or lease decision and the certificate.
- Rules on land use purpose change: converting agricultural land to commercial and service land falls within the cases requiring permission of the competent State authority, on the basis of approved land use planning and plans.
How many years can land be leased for a charging station?
Two lease forms must be separated. Leasing land from the State for a charging station project: the lease term attaches to the operating term of the investment project recorded in the investment approval decision and the land lease decision, being not more than 50 years under Article 172 of the Land Law 31/2024; where the project falls within the special cases considered for a longer term, not more than 70 years. On expiry, the investor is considered for extension where the need remains and land law conditions at extension time are met. Leasing land from another organisation or individual (subleasing land use rights or renting a site): the term is agreed by the parties but may not exceed the remaining land use term of the lessor, and a long-term lease serving a project should be notarised and registered as prescribed to protect the lessee right where the lessor transfers the land. The point a charging investor must calculate in advance is the match between land term and asset life: a charging station has equipment life of 10 to 15 years but large connection and site costs, so the minimum feasible lease term is usually from 10 years upward with extension clauses and compensation where the lessor terminates early; a short yearly lease is the riskiest structure for a fixed charging project.
Can a charging station be placed on agricultural land?
Not directly. An EV charging station is a service business work belonging to the commercial and service land group; agricultural land (plantation land, livestock land, other agricultural land) must have its use purpose changed to commercial and service land before a charging station is built. The purpose change must be permitted by the competent State authority on the basis that the plot fits local land use planning and plans, and the investor performs financial obligations on land use fees and land rent under the new purpose. Building a charging station on land not yet purpose-changed is land use for the wrong purpose — an act sanctioned administratively in the land field and forced to restore the original state or dismantle the work, while the project cannot complete trailing procedures such as the construction permit and fire safety acceptance. The only case where land with an agricultural element is flexibly considered is mixed-use land or residential land combined with business under local detailed planning, but even then the area serving the charging station must still be established with a valid commercial and service purpose. The safe sequence for the investor is to verify the planning and purpose-change feasibility of the plot at the survey step, before signing a long-term lease.
Does mobile or temporary charging need land?
A mobile charging station — a charger mounted on a vehicle, a movable container or temporary charging equipment serving an event or a construction site — forms no stable land use project, so it does not lease land under the project regime and does not attach to the 50-year land lease term. But not needing land does not mean no conditions: the operator must still hold lawful use of the equipment placement position under an agreement with the site owner (car park, building owner, event organiser), meet connection and electrical safety conditions for the charging equipment, fire safety requirements for the electrical equipment and accompanying backup batteries, and where charging fees are collected, satisfy the charging service business regime on pricing and metering like an ordinary charging point. If mobile equipment is placed fixedly for a long term at one position with auxiliary construction, the authority may reassess its nature into a fixed charging facility and require corresponding land and construction conditions; temporariness must therefore be real in time and structure, not only in name.
Land structure recommendations for charging projects
Three principles: sign a long-term lease only after confirming the plot holds or can change to a commercial and service purpose; set the lease term and extension clause in proportion to project life, with early termination compensation tied to unamortised connection costs; and for the mobile model, keep files proving temporariness together with a written site agreement for each placement point. Land is the foundation condition — an error at this step cannot be cured by any licence above it.
Frequently asked questions
How many years can land be leased for a charging station?
Leasing State land for a charging station project: the term follows the project term, not exceeding 50 years under Article 172 of the Land Law 31/2024 (special projects not exceeding 70 years), with extension considered on expiry. Subleasing from an organisation or individual: by agreement but not beyond the remaining land use term of the lessor; notarise and register for long-term leases.
Can a charging station be placed on agricultural land?
Not directly: a charging station belongs to commercial and service land, so agricultural land must undergo a permitted purpose change under planning before construction. Building on non-converted land is wrong-purpose land use, sanctioned and forced to restore, and blocks the construction permit and fire safety acceptance.
Does mobile or temporary charging need land?
It does not lease land under the project regime because it forms no stable land use, but it still needs a lawful site agreement with the position owner, connection, electrical safety and fire safety conditions for the equipment, and pricing and metering rules where charging fees are collected. Long-term fixed placement with auxiliary construction may be reassessed as a fixed charging facility with corresponding land conditions.
This article has been quality-reviewed by the FLAW AI Legal Council