An article has been published in Il Sole 24 Ore – Real Estate 24, focusing on the new authorization framework for data centers in Italy, an increasingly central topic for the development of digital infrastructure and for attracting investment in the real estate sector.
The article features excerpts from an interview with our Founding Partner Silvia Gnocco regarding the procedure introduced by the recent “Energy Decree”, which provides for a single authorisation process for the development of data centers.
While the new framework represents a first step towards simplifying the regulatory landscape, it also raises a number of practical questions for market operators.
The article also refers to the international paper prepared in collaboration with our French and German colleagues from the law firms Fairway and Reius, comparing European regulatory models for data centers and exploring possible future developments in the regulatory framework.
A brief summary of the key points is set out below.
Data centers: towards a new authorisation framework
- Data centers are key infrastructure for cloud, AI and digital services.
- In recent years, investments in Italy have exceeded EUR 7 billion.
- The main barrier to development remains the complexity of the authorisation process.
- The legislator is introducing new procedures aimed at streamlining the authorisation process.
The new authorisation procedure aimed at accelerating investments in the digital sector
The “Energy Decree” introduces:
- a single authorisation procedure for the development of data centers;
- a statutory timeline for the authorization procedure of 10 months (extendable by up to 3 months);
- the integration of the main environmental and administrative permits.
Pending issues
Certain implementation aspects remain unclear, including:
- the competent authority is the one responsible for the Integrated Pollution Prevention and Control (IPPC) permit; however, the threshold for triggering the IPPC procedure is set at 50 MW, potentially excluding smaller projects from the new authorization process;
- the inclusion of building permits and coordination with urban planning instruments;
- the inclusion of procedures requiring different levels of design development, which are logically interdependent (EIA – AIA);
- the existence of fixed timelines, which, however, run from the admissibility of the application (a stage that may itself require significant time)
The Firm remains available for any further clarification.