The Regulation Amending the Regulation on Workplace Opening and Operating Permit ("Amendment Regulation") has been published in the Official Gazette dated 29 July 2023 and numbered 32263. Changes have been introduced to the Regulation on Workplace Opening and Operating Permit ("Regulation") concerning electric vehicle charging stations. Furthermore, the Regulation Amending the Regulation on Charging Services has been published in the Official Gazette dated 9 August 2023 and numbered 32274. Therefore, the changes introduced by the Amending Regulation have been reflected in the Charging Service Regulation.
With the Amendment Regulation, the "Energy Industry" section under the heading "Third Class Non-Sanitary Enterprises" was revised. Accordingly, the changes regarding electric vehicle charging stations are as follows:
Previously, pursuant to the Regulation, the obligation to obtain a workplace opening and operating permit ("Workplace Permit") was regulated for all charging stations. With the Amendment Regulation, charging stations are categorized into (i) self-contained charging stations and (ii) electric vehicle charging stations that will operate in workplaces and collective buildings. Accordingly;
- Self-Contained Charging Stations:
a. Self-contained electric vehicle charging stations to be established on parcels reserved as "electric vehicle charging station area" in parking lots, shopping mall parking areas or fuel stations shall be subject to the obligations of the Workplace Permit.
b. Furthermore, it is allowed to have other fields of activity and facilities (administrative building, toilet, market, tearoom, prayer room, buffet, cafe, cafeteria, auto electric, tire repair, car wash and lubrication, etc.) within the self-contained electric vehicle charging stations which are operated with a Workplace Permit.
2. Charging Stations in Workplaces and Collective Buildings:
a. Except for self-contained electric vehicle charging stations, for the electric vehicle charging stations to be established and operated in other workplaces and collective buildings, a workplace permit will no longer be required, but a " Site Selection and Activity Permit Certificate" will be obtained for these stations.
b.In order to obtain a Site Selection and Activity Permit Certificate;
- The Sample Form #9 in the annex of Amendment Regulation: Electric Vehicle Charging Station Site Selection and Activity Permit Application/Declaration Form shall be filled out. No other documents other than the information and documents in this form can be requested and the statement in the application form is taken as
- The competent authority shall issue the Electric Vehicle Charging Station Site Selection and Activity Permit Certificate, which shall include the information in Sample Form #10 in the annex of the Amendment Regulation. The competent authority is determined as the metropolitan municipality in metropolitan municipalities.
c. For Site Selection and Activity Permit Certificate; 50 Turkish Liras in metropolitan areas and 25 Turkish Liras in other places will be charged for each square meter, to be calculated pro rata to the total area of the vehicle charging station and the areas benefited within the scope of the charging station. These amounts will be increased by the revaluation rate determined in accordance with the provisions of the Tax Procedure Law for the previous year, effective from the beginning of each calendar year, no fee or charge can be demanded for charging stations apart from this fee mentioned above.
The deadline for compliance with the Regulation for the existing activities has been extended by an additional 1 year, until 31 July 2024.
The full text of the Amendment Regulation can be accessed via this link (only in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroglu Arseven.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
