Data centers are facilities housing computing and electronic equipment, providing the necessary capacity to store large amounts of information. They are essential infrastructures for many businesses that require secure and efficient data storage.
Regulation of Data Centers in Spain
The European Union has approved the Directive (EU) 2023/1791 on energy efficiency, dated September 13, 2023, which is currently being transposed into Spanish law. Furthermore, Regulation (EU) 2024/1364, dated March 14, 2024, establishes the first phase of a common EU evaluation framework for data centers and sets specific measures to reduce energy consumption.
To date, Spain lacks specific regulations regarding the permits required for data centre implementation, leading to significant uncertainty for companies interested in developing such infrastructures.
Permits for Data Centers in Spain
In Spain, the permitting process for data centers implementation is handled at a regional and local level, lacking a homogenous national regulation. Consequently, the requirements for obtaining permits vary significantly depending on the region (comunidad autónoma) and municipality where the project is located.
The location is a critical factor in determining the number of required permits and the timeframe for obtaining them. The most relevant include:
- Access and connection permits: Required to connect the data center to a power substation due to its high energy consumption. The process is usually managed through an electricity provider, depending on the center’s required capacity.
- Urban planning compatibility: The local authority (municipality) must confirm that the land is suitable for data center activities. Since urban planning regulations are not standardized, each city may impose different requirements.
- Environmental permit: This permit is processed at the regional level and varies depending on the data center location. Some cases require a straightforward process, while others are more complex, such as when the data center is near protected areas.
- Construction and/or activity license: The local municipality grants this approval after obtaining the necessary permits, allowing the construction and operation of the data center.
- Other permits and documentation: Depending on the project, additional requirements may include occupational risk prevention plans, fire prevention measures, and other specific documents.
The regulatory framework for data center implementation is constantly evolving, and each case may have unique requirements regarding permits and documentation.
Conclusion
The growth of the data center sector in Spain responds to an increasing business demand for data storage. However, the lack of harmonised regulations regarding permits continues to pose challenges for these projects.
Given the regulatory uncertainty in Spain, it is crucial to approach the permitting process with careful planning and foresight. Proper legal guidance from the earliest stages of the project is essential to avoid delays in obtaining the necessary permits.
At Mariscal Abogados, we provide expert legal advice for obtaining permits for data center implementation in Spain, assisting developers and investors. Additionally, we offer support on contractual matters related to the use of these infrastructures by interested companies.
If you need additional information regarding regulation and permits for data center implementation in Spain,
