- Do you have to enter into a form of agreement with the local authority/municipality when applying for consent for a data centre in your jurisdiction?
- What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
- Does the applicant have to own all of the land for the datacentre to apply for the consent?
- What are the steps that need to be taken to secure data centre consent in your jurisdiction? How long does each steps in the process typically take?
- Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
- Are there clear land plans or zones in place which automatically authorise data centres or is the application process more complicated in your jurisdiction?
- What are the environmental considerations that need to be taken when obtaining data centre consent?
- Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
jurisdiction
1. Do you have to enter into a form of agreement with the local authority/municipality when applying for consent for a data centre in your jurisdiction?
There is no specific requirement to enter into any agreement with the local authority/municipality when applying for a consent/permit regarding a data centre construction in Bulgaria.
The construction of a data centre is an investment which do not differ from the other type of constructions and is governed by public law.
2. What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
In order to construct a Data Centre on a land plot, this land plot has to be regulated as an urban territory which is designated for construction of such type of buildings and the respective parameters set in the General Zoning Plan of the respective area should be observed. If the parameters according to the General Zoning Plan permit such type of construction, then the respective land plot/property should be regulated for construction of mixed-use buildings (a Data Centre is treated in the practise as a mixed space for logistics, production and offices), i.e. a detailed zoning plan for the respective land plot/s should be approved by the local municipality.
3. Does the applicant have to own all of the land for the datacentre to apply for the consent?
An investor can apply for construction of a building (Data Centre) over a land plot which is owned by the investor, or the investor has obtained a right of construction on it. The right of construction has to be exercised within 5 years from establishment, i.e. the building should be finished as a rough construction.
4. What are the steps that need to be taken to secure data centre consent in your jurisdiction? How long does each steps in the process typically take?
The main steps to secure a data centre consent/permit are:
- Preparation and submitting to the local municipality an investment project/design of the future building;
- Obtaining a construction permit from the Chief architect of the local municipality;
- conclusion of a contract for connection to the grid with the respective transmission or distribution energy enterprise; and
- Obtaining a use permit after finalization of the construction.
The whole process typically may take approx. between 1.5 – 3 years but it very much depends on the region and municipality in which the construction will be performed.
5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
Yes. The investor needs to apply for research of the possibilities for connection to the grid before the grid operator on which license territory the future building will be located (after entering into force of the detailed design/obtaining construction visa). Prior the preparation of the investment project for the future building the investor has to conclude a preliminary contract for connection to the grid.
6. Are there clear land plans or zones in place which automatically authorise data centres or is the application process more complicated in your jurisdiction?
There are no clear land plans or zones in place which automatically authorise data centres.
7. What are the environmental considerations that need to be taken when obtaining data centre consent?
The investor has to notify in advance the local Environmental Protection Inspection for its investment initiative which is a precondition for approval of the investment project and issuance of a construction permit for the Data Centre. There is a specific procedure to be followed by the investor in order to obtain an environmental impact assessment or a decision by the competent authority that there is no need of an environmental impact assessment.
8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
The compliance with the Bulgarian Law on the biodiversity is part of the assessment of the competent authority whether an environmental impact assessment is needed and is part of the environmental impact assessment.
