- 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?
No, there is no explicit obligation to enter into an agreement with the local authority or municipality when applying for consent for a data centre in our jurisdiction. However, it is possible that, as part of the requisite planning approvals for the development, agreements with the relevant local authorities may be necessary. Additionally, depending on the property's situation, supplementary agreements with utility companies may be required to secure the necessary power capacity.
2. What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
The planning/consenting designation or use class for data centres in our jurisdiction is typically determined by each Municipality. While data centre related uses are often included in the general industrial category, some Municipalities may not have explicitly addressed these uses in their planning regulations, requiring amendments or interpretation of existing regulations.
3. Does the applicant have to own all of the land for the datacentre to apply for the consent?
No, ownership of the entire land is not a prerequisite for applying for data centre consent. However, for the issuance of a building permit, authorization from the landowner may be required. Activity licenses are generally granted in favour of the relevant operator, irrespective of land ownership.
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?
To secure data centre consent the relevant developer must obtain several municipal licenses. The names of these licenses might vary across municipalities, but the legal figures are essentially the same. The key licenses include:
- Building Permit (Licencia de Edificación): This permit is required for commencing construction works and is granted based on the technical project submitted by the developer.
- First Occupancy License (Licencia de Primera Ocupación o Utilización): Issued following the completion of construction works, this license confirms that the building complies with the specifications outlined in the building permit. It involves an inspection by a municipal official.
- Activity License (Licencia de Actividad) and Opening License (Licencia de Apertura): The activity license, sometimes granted as part of the building permit, confirms that the intended activity complies with planning regulations and health and safety requirements. Once construction is completed per the activity license, a municipal official inspects the building, and if no major issues are found, the municipality grants the opening license.
- Depending on the planning development status, data centre location, and operation specifics, additional planning requirements or consents may be necessary. Sectorial permits may be required from supply/grid companies, but this is assessed on a case-by-case basis.
- It is challenging to provide a general duration for the consent procedure as it depends on the public authorities overseeing it. The timeline for each step can vary, and factors such as the complexity of the project, municipality procedures, and regulatory compliance can influence the overall duration.
- Access to utilities, energy and power arrangements: While utilities are typically constructed as part of the planning infrastructure works, additional arrangements with utility companies may be necessary, depending on the required utilities/power capacity. Final supply agreements are usually entered into by the developer/operator after the completion of construction works.
5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
While utilities are typically constructed as part of the planning infrastructure works, additional arrangements with utility companies may be necessary, depending on the required utilities/power capacity. Final supply agreements are usually entered into by the developer/operator after the completion of construction works.
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 land plans or zones that automatically authorize data centres in our jurisdiction. However, certain regions may have specific plans for “regionally significant projects”. For example, the Region of Aragón has approved such plans, streamlining the process for data centres developed by Microsoft and Amazon. Otherwise, decisions are made on a case-by-case basis by the local building authority.
7. What are the environmental considerations that need to be taken when obtaining data centre consent?
Environmental considerations for data centre consent may include potential environmental impact assessments based on project size, functionality, or location. While the nomenclature may not specifically identify data centres, additional environmental impact authorizations may be required as part of the planning process. Impact studies and public hearings may also be necessary, and final approval may entail requirements to mitigate the project's environmental impact.
8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
As part of environmental considerations, public authorities assess the potential impact on biodiversity and may require compensatory measures to mitigate negative effects. Further requirements may apply if the building site is subject to environmental protection regulations. Depending on the project's location, additional environmental considerations such as noise and existing contamination may need to be addressed.
