Can my city require discretionary review for a home EV charger?

No. Government Code 65850.7 requires a streamlined, ministerial permit process using a standardized checklist. Discretionary review is preempted for residential chargers meeting the checklist criteria.

Does this preempt HOA parking rules?

Yes. Civil Code 4745 voids any HOA covenant or rule that effectively prohibits or unreasonably restricts EV charger installation in an owner's designated parking space.

California EV Charging Law: Statewide Parking Rules Rules (2026)

Key Facts

HOA charger rights: Civil Code 4745
Renter charger rights: Civil Code 4745.1
Local permit mandate: Gov Code 65850.7
HOA penalty: $1,000 plus damages
Review type: Ministerial checklist

Source: California Government Code 65850.7

Full Breakdown

Civil Code 4745 voids HOA rules that prohibit or unreasonably restrict installation of EV charging stations in owner-occupied units, and 4745.1 extends similar protections to renters. Government Code 65850.7 requires every city and county to adopt an ordinance creating an expedited, streamlined permitting process for residential EV chargers, with a checklist-based ministerial review. Public Resources Code 25722.9 directs state goals for charging deployment. Local governments cannot impose discretionary approvals on small residential charging projects that meet the statewide checklist.

Violations & Penalties

Local agencies that fail to adopt compliant streamlined ordinances face mandamus actions and may be ordered to issue permits. HOAs that violate Civil Code 4745 face civil penalties of $1,000 plus actual damages and attorney fees.

California EV Charging Access Rights Apply Statewide

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

See something wrong?