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Selling and installing a charging point or home battery: which rules apply?

If you supply and install a charging point or home battery, you are seller and contractor at the same time. That determines the deposit, the guarantee, the cooling-off period and who has to prove what.

10 min read

If you supply and install a charging point or home battery for a private customer, the rules for sale and for construction contracts apply side by side. In case of conflict, the sales rules prevail. Among other things, this means: asking for at most half upfront, a one-year presumption that also covers your installation, since July 2026 a set notice about the legal guarantee and a cooling-off period if the customer signs at the kitchen table.

In short

  • Supplying and installing is a sale and a construction contract at the same time. In case of conflict, the sales rules prevail (article 7:5(4) of the Dutch Civil Code).
  • You may ask for at most 50% upfront, unless the customer separately agrees to more. If you sell at the customer's home, you may not demand payment during the cooling-off period.
  • A defect in the first year is presumed to have existed at delivery, even if it is caused by the installation. You then have to prove otherwise.

In this article

  1. Is supplying and installing a charging point a sale or a construction contract?
  2. How much can you ask the customer to pay upfront?
  3. Who has to prove that a defect was already there?
  4. What do you have to say about guarantees since July 2026?
  5. Does the customer have a cooling-off period if you sell at the kitchen table?
  6. Which VAT rate and which registration apply?
  7. Does a charging point have to support smart charging?

Is supplying and installing a charging point a sale or a construction contract?

Both. If the item still has to be produced and the agreement also fits a construction contract, then with a private customer it is also a consumer sale. The rules for sale and for construction contracts then apply side by side, and in case of conflict the sales rules prevail (article 7:5(4) of the Dutch Civil Code).

Courts apply this to installation work. The District Court of Gelderland called the supply and fitting of a heat pump a combined sale and construction contract: a sale for the supply, a construction contract for the installation (District Court of Gelderland, 2022). The district court judge in Breda treated the supply and installation of a home battery as a consumer sale (District Court of Zeeland-West-Brabant, 2025).

There is one caveat. The statutory provision concerns an item that still has to be made, and a standard charging point from the wholesaler has already been made. No ruling on a charging point has been found. So assume that the stricter sales rules apply, as the court in Breda did for the home battery.

Sale and contracttogetherif in conflict, sales rules prevailDepositmax. 50%more only if the customer agrees separatelyPresumption1 yearalso for an installation errorGuarantee notice16 July 2026European notice on the legal guaranteeCooling-off14 daysif the customer signs at home on the spotVAT and registration21%register battery on energieleveren.nl
The rules that apply when you supply and install a charging point or home battery for a private customer. Sources: Dutch Civil Code Books 6 and 7, Tax Administration and Netbeheer Nederland.

How much can you ask the customer to pay upfront?

At most half of the price. In a consumer sale, the buyer can be required to pay in advance no more than half of the purchase price (article 7:26(2) of the Dutch Civil Code). Because the sales rules prevail, this also applies if you install the charging point or battery yourself.

More is only allowed if the customer agrees it with you themselves. A clause in your general terms and conditions that requires more advance payment is deemed unreasonably onerous (article 7:6(2) of the Dutch Civil Code). ConsuWijzer, the consumer website of the ACM, tells customers the same. More than 50% is allowed if the customer agrees to it, and if the seller only asks for a deposit after the sale has been concluded, the customer does not have to agree (ConsuWijzer).

If you sell at the customer's home, another rule applies. During the cooling-off period you cannot demand payment from the customer (article 6:230t(5) of the Dutch Civil Code). So you cannot enforce a deposit on signing at the kitchen table. Agree therefore that the deposit follows after the cooling-off period, and only order expensive equipment after that.

Who has to prove that a defect was already there?

In the first year after delivery, it is up to you as the installer to rebut it. If a defect appears within one year, it is presumed to have been present at delivery, unless you show otherwise (article 7:18a(2) of the Dutch Civil Code). This is called the presumption of non-conformity.

This also applies to installation errors. If the installation is part of the sale and you carry it out as the seller, or have it done under your responsibility, an installation error counts as a defect in the item (article 7:18a(1) of the Dutch Civil Code). A charging point that is fine in itself but has been connected incorrectly therefore also falls under the presumption.

delivery1 year laterFirst year after deliverypresumed: the defect existed at deliveryAfter one yearno statutory presumptionYou then have to show that the item was in order at delivery.An error in your installation counts as a defect in the item.
The presumption of non-conformity in a consumer sale, also for an installation error. Source: article 7:18a of the Dutch Civil Code.

A case from Breda shows how this works out. In 2024 a customer bought a home battery with installation for €14,145. According to messages from the installer, the battery could trade on the electricity market. After installation, the app showed 0 W for weeks on end. The installer did not respond on the substance and maintained that he had supplied what was in the quote. The court found that insufficient. The defect had become apparent within a year, so the installer had to show that the battery was in order at delivery. He did not. The sale was dissolved and the installer had to repay the money, remove the battery and pay the customer's costs (District Court of Zeeland-West-Brabant, 2025).

Two lessons follow from that case. The court looked not only at the short description in the quote, but also at what the installer had said in messages. And the customer must first give you the chance to repair or replace, but the installer had been given that chance and had not used it (District Court of Zeeland-West-Brabant, 2025).

Responding quickly and properly also pays off outside the courtroom. A meta-analysis of research on complaint handling shows that customers mainly stay satisfied and loyal after a complaint if they feel treated fairly. For long-term satisfaction, which is most strongly linked to customer loyalty, respectful treatment with an explanation even weighs slightly more than the compensation (Gelbrich & Roschk, 2011).

What do you have to say about guarantees since July 2026?

That the customer is entitled to the legal guarantee, using a set European notice. If you sell at the customer's home or at a distance, you give a reminder of the statutory rule that an item must conform to the contract. You do this in a prominent way and with the European notice (article 6:230m(1)(l) of the Dutch Civil Code). This rule has been in the law since 16 July 2026.

The legal guarantee is something different from the manufacturer's guarantee. The legal guarantee means that the customer may expect a charging point or battery that works as agreed. If the manufacturer offers a guarantee of more than two years on the whole product at no extra cost, you also report it, using the European label (Book 6 of the Dutch Civil Code).

Techniek Nederland reports that the European labels are mandatory from 27 September 2026 (Techniek Nederland, 2026). So include the notice as standard in your quote or contract for a charging point or battery. For work without supplying an item, such as tracing a fault, this is less obvious, because the law refers to an item.

Does the customer have a cooling-off period if you sell at the kitchen table?

Yes, if the customer signs at the table with you. With an off-premises or distance contract, the consumer can cancel within fourteen days without giving reasons (article 6:230o of the Dutch Civil Code). If you only come for a quote and the customer signs later, there is no cooling-off period (ConsuWijzer).

In a sale, the period only starts on the day the customer receives the item. If you do not provide the correct information about the right of withdrawal, the period is extended by up to twelve months (article 6:230o of the Dutch Civil Code). So always give the customer the information and the model withdrawal form.

How does the customer conclude the sale?At homesigned at the table14 daysfrom receipt of the itemAt a distancephone, email or online14 daysfrom receipt of the itemQuote at homesigned laterNo cooling-offthe customer could reflectUrgent repair at the customer's request: no cooling-off, except for extra workand items that are not needed for the repair.
When the customer has a cooling-off period. Sources: articles 6:230o and 6:230p of the Dutch Civil Code and ConsuWijzer.

There is an exception for emergencies. If the customer asks you to come for an urgent repair, there is no cooling-off period. This does not apply to extra work the customer did not expressly ask for, nor to items that are not needed for the repair (article 6:230p of the Dutch Civil Code). A new charging point or battery therefore does not fall under it.

Which VAT rate and which registration apply?

A charging point and a home battery are subject to 21% VAT. For the home battery, the Tax Administration states this explicitly, even if it is supplied together with solar panels (Tax Administration). A charging point does not fall under the reduced rate for work on homes, and work on homes that does not fall under it is taxed at 21% (Tax Administration). Only solar panels on or near a home, with what is directly needed for them, are subject to 0%.

If you work as a subcontractor, the question is whether VAT must be reverse-charged. For charging points and home batteries, the Tax Administration gives no specific guidance on this. In a regular partnership, ask the main contractor's tax office for a position and record it.

A home battery must be registered with the grid operator, via energieleveren.nl. This is mandatory for storage from 0.8 kW (Netbeheer Nederland, 2022). Since 7 May 2024 a battery can be registered there separately. The grid operator wants to know how much power can be drawn from and fed back to the grid via the battery, for example to prevent grid congestion (Netbeheer Nederland, 2024).

Does a charging point have to support smart charging?

For a single charging point at an ordinary home, this is not a legal requirement. The smart charging rules apply to buildings with several parking spaces. Smart charging means that the charging point can control the time and speed of charging.

Since 29 May 2026, the European requirements for charging points have been included in the Buildings (Living Environment) Decree. In new builds and major renovations of residential buildings with more than 3 parking spaces, a charging point must support smart charging. For non-residential buildings this applies to new builds and renovations with more than 5 spaces. Existing non-residential buildings with more than 20 spaces need more charging points or ducts from 1 January 2027, and a charging point suitable for smart charging (RVO, 2026).

For the customer at home, smart charging is still sensible. Milieu Centraal recommends it for everyone with an electric car and their own charging point (Milieu Centraal). And a charging point with a built-in kWh meter (MID meter) is needed if the customer wants to earn money with certificates for the power they charge with (Government of the Netherlands). State in the quote which charging point you install, which charging power the connection allows and whether the point can charge smartly. Then the customer knows exactly what they are buying.

Sources

  • Dutch Civil Code Book 7, articles 5, 6, 18a and 26, in force from 8 October 2026. wetten.overheid.nl
  • District Court of Gelderland, 6 April 2022, ECLI:NL:RBGEL:2022:1742. uitspraken.rechtspraak.nl
  • District Court of Zeeland-West-Brabant, 17 December 2025, ECLI:NL:RBZWB:2025:9522. uitspraken.rechtspraak.nl
  • ConsuWijzer (ACM), What are my rights with a deposit?, accessed 24 October 2026. consument.acm.nl
  • Dutch Civil Code Book 6, articles 230m, 230o, 230p and 230t, in force from 16 July 2026. wetten.overheid.nl
  • Gelbrich, K. & Roschk, H. (2011). A meta-analysis of organizational complaint handling and customer responses. Journal of Service Research, 14(1), 24-43. doi.org
  • Techniek Nederland, Mandatory guarantee information labels from 27 September 2026, 1 September 2026. technieknederland.nl
  • ConsuWijzer (ACM), Cancelling a job, course or assignment, accessed 24 October 2026. consument.acm.nl
  • Tax Administration, VAT rate for solar panels, accessed 24 October 2026. belastingdienst.nl
  • Tax Administration, Work on homes, accessed 24 October 2026. belastingdienst.nl
  • Netbeheer Nederland, New electricity storage unit? Register it!, 6 July 2022. netbeheernederland.nl
  • Netbeheer Nederland, Register home batteries on energieleveren.nl, 7 May 2024. netbeheernederland.nl
  • RVO, Guide to charging infrastructure requirements for buildings (EPBD IV), June 2026. rvo.nl
  • Milieu Centraal, Home battery: storing solar energy, last updated 28 September 2026. milieucentraal.nl
  • Government of the Netherlands, Can I earn money with my own charging point?, accessed 24 October 2026. rijksoverheid.nl

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