CMS Real Estate Data Centre Consenting in France

1. A building permit must be applied for. An application file needs to be prepared with an architect. Building permits are generally issued at the city level.  
2. The installation of a Data Center may fall within the scope of the legislation of the facilities classified for environmental protection (ICPE) which subjects the creation of an ICPE to a specific procedure according to the dangers or inconveniences that it constitutes for the environment (authorization; registration, declaration). Most of the time, the assistance of a technical consulting office is required. The state representative in the department is competent. 
3. In the Paris region, above a certain threshold, an approval from the Prefect is required that regulates the siting of economic activities.  
4. Setting up a data centre may also require, like any construction project other authorizations, such as water law authorization or a deforestation permit or protects certain species of wild fauna and flora.  

These authorizations are subject to withdrawal and appeal by third parties. 

An agreement may be necessary in case new public equipment (for example, a new road) needs to be built and financed. 

Data centres belong to the "Warehouse" destination. Before applying for a building permit, you should therefore notably check if planning documents allow the warehouse destination in the zone.   

Even if local planning documents allow data centres, neighbours can challenge their establishment because of the nuisance it could generate to the specific case. 

The required authorizations may be requested by the owner of the land or by any person authorised by the owner. 

First of all, public consultation may be required prior to submission of authorization applications. 

1. ICPE: 

• Preparation of application file/danger study/environmental impact assessment: 6 to 12 months 
• Application processing: 
• Authorization: 9 / 12 months minimum. 
• Registration: 5 months maximum. 
• Declaration: 15 days

2. Building permit (applied after the application of the ICPE and prefect approval if required): 

• Preparation of application file: approx. 3 to 6 months (up to 12 in case of environmental impact assessment) 
• Application processing: 3 to 7 months 

Any other authorizations that may be required are processed within the same timeframe

Connecting to the grid is of paramount importance and requires securing connection proposals. Particular attention must be paid to electrical and Internet connection power, the number of delivery points, voltage, and installation costs, to ensure that they are compatible with the needs generated by data centre operations. 

The connection work is subject to various preconditions, in particular the obtaining of administrative and road permits, and the conclusion of easement agreements. 

The agreement of the relevant authorities must be obtained for connection or new network work or upgraded networks. This agreement is not part of the consent process. 

The local planning documents (mainly those at the cities level so called PLU) clearly identify the authorized type of use (housing, offices, shops, warehouses, etc.). 

First step requires to ensure that the warehouse destination is authorized by the PLU regulations in the zone where the building site is located.  

If the PLU allows the construction of a warehouse, the building permit can thus be submitted directly and issued. However, the project will have to meet all the constraints provided by the PLU for its construction (e.g. restriction to the development and location of ICPEs; surface area or height; footprint of the buildings...).  

If the PLU does not allow the construction of a warehouse, the PLU must be modified before any application for a building permit if the higher-level planning documents allow such modification. 

Some cities are still not covered by a PLU. In this case, construction is subject to the provisions of the national planning rules (RNU), provided for in the Urban Planning Code. For these cities, the regulations provide for a principle of limited constructability: construction outside the currently urbanized parts of the commune is prohibited. 

Other documents, of higher rank, may impose themselves on the project. These documents are approved locally by the competent entity, often by the Prefect of the department or a public entity of the State. 

Construction projects like data centers may be subject to environmental impact assessment (depending on project size, how it works or its location). The nomenclature does not specifically identify data centers. 

The impact study must be filed in support of the application for the first authorization required to carry out the project. It is then updated, if necessary, when successive applications for authorizations are filed. 

The file presenting the project, including the impact study and the application for authorization is sent to the environmental authority (as well as to the local authorities and those are interested in the project) for their opinion. 

A project requiring an impact study may be subject to either a public inquiry or a public participation procedure conducted by the authority competent to authorize the project. 

Requirements may be imposed by environmental authorities to limit the impact of the project on the environment. 

Noise is a sensitive topic for data centers. 

Biodiversity is a sensitive issue that will be considered for any construction project. Biodiversity is covered in the environmental assessment and impact study.