Data center implementation

While national authorities are working to build an attractive regime for the establishment of data centers in the country, their creation still comes up against regulatory realities. As such, project developers must anticipate the required administrative authorizations and the application of various specific or general regulations.

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The assessment of the concrete implications of the regulations presented and the steps to be taken must therefore be assessed on a case-by-case basis and require appropriate legal support.  

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I. On the environmental and urban level

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a) First of all, the creation of a data center, or the transformation of an existing building into a data center, requires obtaining planning permission from the competent authorities.

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Thus, reference should be made to the exact qualification of the planned project in urban planning law and to the rules provided for in urban planning documents, in particular the local urban plan. In addition, special regulations may apply. For example, article R.510-1 of the Urban Planning Code requires the obtaining of specific approval for any project that is part of the competitive sector in Ile-de-France.  

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b) Data centers are also subject to various environmental regulations.

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This is the case with the regime of installations classified for the protection of the environment (ICPE) because, not of their main purpose, but because of their auxiliary installations such as generators or electrical accumulators (heading 2925).

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While the precise nature of the steps to be taken must be determined on a case-by-case basis (declaration, authorization, etc.), the energy installations surrounding data centers do not seem to be able to escape At the very least to a statement.

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In addition, the question of the consumption of energy and water resources or the possible presence of emergency combustion generators, make it necessary to carry out an environmental assessment (impact study) in accordance with article R.122-2 of the Environmental Code.

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c) Declarations or even the obtaining of additional authorizations may also be necessary depending on the characteristics of the project.  

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The authorization to clear land (article L.341-3 of the forest code), the “protected species” exemption (article L.411-2 of the environmental code), the assessment of Natura 2000 impacts (article L. 414-4 of the environmental code) or even the IOTA authorization, concerning water resources (article L.214-1 and following environmental code), may be required.

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As such, project developers and their advisers can request most of these authorizations via the single environmental authorization in application of articles L.181-1 and following of the Environmental Code.

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II. In terms of energy

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a) Access to the electrical network is one of the main challenges for the sustainable establishment of data centers.

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Since April 2025, the Energy Code has provided for a definition of data centers and the regime applicable to its articles L.236-1 and following.

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Thus, data centers of more than 500 kW are subject to an obligation to transmit information to the European Commission and to publish. This may be in addition to the possible collection of data at the national level by A.R.C.E.P. and other administrative authorities, in particular concerning energy performance, with the provision of the public (articles D. 236-1 to D. 236-7 of the Energy Code).

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Above all, data centers of more than 1 MW are subject to the obligation to set up a system to recover the waste heat produced. Article R.237-4 of the Energy Code specifies the conditions under which a data center is deemed to value waste heat. The establishment of these data centers must also be the subject of a cost-benefit analysis concerning “the economic feasibility of improving the energy efficiency of the supply of heat and cold” (article L.233-5 of the Energy Code).

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Penalties are provided in the event of non-compliance by project developers.

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b) Data centers, like other industrial installations, are also affected by the new regime surrounding connection agreements. R.T.E. can thus modulate the connection power according to the maximum power actually drawn off and apply a financial contribution for requests for an increase in connection power (C.R.E., deliberation No. 2024-229 of 18 December 2024).

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Nevertheless, R.T.E. has established an accelerated derogation procedure for the connection of very high-power consumption installations on certain sites, validated by the C.R.E. (deliberation No. 2025-166 of 24 June 2025).  

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c) Finally, data centers also appear to be subject to the objectives of reducing the final energy consumption of the tertiary park provided for by the ELAN law.

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III. Future legislative developments  

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The legal framework surrounding data centers is the subject of intense legislative debate.

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a) A bill was tabled on February 17, 2025 in the Senate to regulate the establishment of data centers.

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At this stage, it plans to subject data center cooling activities to the payment of the water resource levy (article L.213-10-9 of the Environmental Code) in proportion to the volumes used. It also provides for the addition of a component on the reuse of waste heat to impact studies concerning data centers as well as a form of priority for location for data centers intended for research projects.

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(b) The main expected development remains the draft law to simplify economic life, adopted at first reading by the National Assembly and currently under consideration by the Joint Joint Committee. If adopted, this text would have a major impact on the legal framework surrounding the establishment of data centers.  

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Thus, its article 15 provides for the possibility of qualifying some of these projects as “projects of major national interest” (article L.300-6-2 of the Environmental Code), with the consequence of:

• the possibility for the prefect to bring urban planning documents into compatibility and to issue building permits in an accelerated manner in place of municipalities;

• the possibility for authorities issuing urban planning permits to derogate from the PLU rules concerning maximum heights;

• an easier connection to the electrical network and an easier way to obtain the “protected species” exemption.

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However, this simplification also comes with some restrictions. Thus, as it stands, the bill also provides for the possibility for the administrative authority to refuse to grant a building permit to a data center on the grounds of “structural tension” on the territory's water resources.

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Xavier Bigas, partner and Adrien Bousgarbies