By Razvan Toma · Founder & CEO, Ampervia · Last checked 2026-10-12 · Sources linked below
Real Decreto-ley 7/2026 of 20 March 2026 requires every demand access and connection permit to state the CNAE activity code it will serve. The connected site must keep that activity for three years or the permit lapses automatically, and existing permit holders had six months to declare their code. For data centers, the request has to be filed as a data center from the start. BOE
Key facts
- Instrument: Real Decreto-ley 7/2026, de 20 de marzo (BOE-A-2026-6544).
- Demand permits must specify the CNAE code of the activity; the permit is lost if the real activity does not match.
- The connected installation must keep the same activity for three years; otherwise the permit lapses automatically.
- Holders of permits already granted had six months from entry into force to update them; permits not updated lapse automatically.
- The decree’s preamble notes that access permits already granted to data centers exceed the most ambitious deployment estimates several times over.
What it means in practice
- A factory’s permit cannot simply be reused for a data center: a new activity needs its own request.
- Speculative permits become costlier to hold, which should free capacity over time.
- Due diligence on any Spanish powered-land sale must check the permit’s declared code.
Open questions
How the rule applies to long-standing access contracts and to requests tied to urban plans or industrial estates should be checked with counsel for each site.
Questions
Does RDL 7/2026 ban data centers?
Where can I see published capacity?
Sources
Terms on this page: CNAE code · CNAE lock · Access and connection permit · Capacity reservation guarantee
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