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Greece

CMS Real Estate Data Centre Consenting in Greece

Legal consenting considerations regarding the data centre development and requirements for Greece, when deciding where to commence development.

Table of contents
  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?
  2. What is the planning/consenting designation or use class which data centres fit into in your jurisdiction?
  3. Does the applicant have to own all of the land for the data centre to apply for the consent?
  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?
  5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
  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?
  7. What are the environmental considerations that need to be taken when obtaining data centre consent?
  8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
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The Law provides that prior to their operation, a notification should be made to the competent regional development authority (“Notification of Operation") by the data centre operator. Notably, a Notification of Operation is required: ​

  • for data centres which provide services to third parties (whether on an exclusive basis or not) and are classified, for tax purposes under Activity Code Number (63.11.1); and​
  • for data centres, which do not provide services to third parties but serve the purposes of a business’ own use, if they have electrical power of their IT equipment equal or higher than 1,000 kW. (art. 321, Law no. 4446/2016).​

Data centres not covering the foregoing categories are not subject to the aforementioned notification requirements. (art. 322, Law no. 446/2016).​

Briefly, the notification procedure involves the submission of the notification by the data centre operator to the Development Department of the Regional Unit where the data centres are located, i.e., via the notifybusiness.gov.gr platform and the issuance of the relevant receipt. The required supporting documents are not submitted jointly with the notification but shall be kept, together with the submission receipt, at the data centres’ premises for audit purposes. The competent authority shall then forward such notification to the competent auditing authorities that a Notification of Operation was submitted (including but not limited to the change of the project owner and the relocation of the data centre) shall be subject to the same notification process. (art. 324, Law no. 4446/2016).​

Existing data centres shall also follow the notification procedure within one (1) year as of the entry into force of the Law. (art. 333 par. 1, Law no. 4442/2016).​

2. What is the planning/consenting designation or use class which data centres fit into in your jurisdiction?

The Law classifies data centres into two categories on the basis of the electrical power of their IT equipment as follows:​

  • if equal to or higher than 200 kW they are classified as “Industrial buildings ”​
  • if less than 200 kW they are classified as "Offices"​

The same applies to the fire safety category, which is also determined on the basis of the data centres’ classification. (art. 330 par. 1, Law no. 4442/2016). It is noted that operating data centres need to comply with the building construction requirements within three (3) years as of the effective date of the Law. (art. 333 par.2, Law no.4442/2016).​

No such restriction is provided for in the Greek legislation. However, it may be impractical that anyone would make the abovementioned notification in order to operate a data centre, if they were not the owner or at least had a right to use the land.​

  1. Compliance with the legal, urban planning and environmental regulations,​
  2. The data centre operator must have collected the necessary supporting documents and made them available for inspection,​
  3. Submit a notification of operation to the competent development department of the region in whose territorial jurisdiction the data centre is located, in paper or electronic form.​

5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?

As part of the consenting process, according to law N. 5069/2023 access to utilities is not provided. For other projects, it is necessary to be submit an Environmental Impact Assessment, that takes place in the utilities.​​​

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?

Data centres may be established in areas where such land use is already permitted, as well as in areas with no designated land uses if such use is not prohibited by other, more specific provisions. (art. 44, Law no. 4759/2020).​

When assessing a zoning plan proposal, in accordance with Article 3 of Directive 85/337/EEC the municipality is obligated to make a wide assessment of all the direct and indirect effects of the project on the environment, taking into account each specific case, on human beings, on material assets and cultural heritage and on the interaction between these factors.​

8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?

Greece is one of the richest countries in the world in terms of biodiversity, hosting an incredible variety of ecosystems and species. However, there are no specific requirements for data centres in the Greek jurisdiction with regard to biodiversity.​