Ampervia CapitalBy Razvan Toma · Founder & CEO, Ampervia · Last checked 2026-10-12 · Sources linked below
Quick answer
It depends on the country. In Spain, no longer by default: since RDL 7/2026 a demand permit is tied to the activity code it was granted for, and changing activity counts as a new installation. The land is still useful, but the data center needs its own request. Elsewhere, reuse is decided case by case with the operator. Sources (3)
BOEBOE — Real Decreto-ley 7/2026↗
Portale NormativoPortale Normativo — DL 21/2026, art. 8↗
Studio InzaghiStudio Inzaghi — Lombardy Regional Law 11/2026↗
Key facts
- Spain, RDL 7/2026: demand permits must state a CNAE activity code; the connected site must keep that activity for three years or the permit lapses automatically (BOE).
- Holders of existing permits had six months from the decree’s entry into force to update them, or the permits lapse (BOE).
- Italy, DL 21/2026: a single procedure covers a data center and its grid connection, and a temporary medium-voltage connection is accepted in the project documentation (art. 8).
- Lombardy, LR 11/2026: lower construction charges for data centers on brownfield land, higher ones on agricultural land.
| Country | Can the plant’s connection carry a data center? | Basis |
|---|---|---|
| Spain | Not automatically: new activity = new installation; file a data center request | RDL 7/2026 |
| Italy | Not settled in law; brownfield is favoured, connection via the single procedure | DL 21/2026, LR 11/2026 (Lombardy) |
| Germany, Netherlands, Ireland, UK | Case by case with the operator; large new loads face allocation rules | See FLAP-D thresholds |
What still makes old industrial sites valuable
- Industrial zoning and existing access.
- Proximity to substations and high-voltage lines.
- Brownfield incentives in some regions.
- A fallback value as industrial land if a data center permit fails.
Questions
Does the three-year rule apply to every request in Spain?
The decree carves out requests tied to urban plans and industrial estates where the infrastructure is ceded to the grid operator. Check the specific case with counsel.
What happened to permits granted before March 2026?
Their holders had six months to declare the activity code; permits not updated lapse automatically.
Sources
- BOE — Real Decreto-ley 7/2026
- Portale Normativo — DL 21/2026, art. 8
- Studio Inzaghi — Lombardy Regional Law 11/2026
Terms on this page: CNAE lock · Access and connection permit · Brownfield site · Single authorisation (Italy)