CMS Real Estate Data Centre Consenting in Lithuania

In general, there is no obligation to enter into an agreement with the local authority/municipality when applying for consent for a data centre in Lithuania, except in the following cases:​

• If the land on which the data centre is to be developed is state-owned. In such cases, state-owned land lease agreements should be concluded (if there are legal basis);​
• If the construction of the data centre is subject to the payment of an infrastructure fee to the municipality and the developer decides to construct the municipality's public infrastructure at the developer's own expense, in order to cover the instalments of the infrastructure fee. In this case, a municipal infrastructure development agreement should be concluded with the municipality.​
• As data centre construction is a relatively new area of development, the legislation does not impose specific requirements for data centre construction. Therefore, standard construction laws and regulations should be followed. However, due to the specificity of the object (data centre), additional technical requirements for energy efficiency, cooling, ventilation, fire safety, specific technical requirements, or energy security may be applied.​
• The construction of a data centre requires a construction permit (issued by the municipality). Additionally, the construction of the data centre should comply with the applicable territorial planning documents. The developer is entitled to a construction permit if the project is in line with the permitted use of the land and main construction parameters under the applicable territorial planning plan (e.g. intensity, density, free area etc).​

There are currently no designated land plans or zones specifically permitting the construction of data centres. According to current practice, data centres are built on land designated as “other” with the designated type of use either (i) “territories of transport and engineering communications service objects” or (ii) “territories of industrial and storage facilities”.​

Ownership is not imperative for the construction of a data centre, the developer can secure its rights to the land through alternative means, such as:​

1. Lease agreement; ​
2. Superficies (development right); ​
3. Emphyteusis (long-term lease).​

Securing construction permit for data centre development in Lithuania involves a series of steps that typically include legal, regulatory, and practical considerations. The timeline for each step can vary based on factors such as the complexity of the project, the responsiveness of authorities, and any potential legal or environmental assessments required. However, please find the general steps you might need to take:​

1. Preliminary planning and feasibility study – conduct a preliminary assessment of the proposed data centre site, considering factors such as land use regulations, environmental impact, and infrastructure requirements (it might take from several weeks to months);​
2. Acquiring land plot rights – typically involves approximately one month for negotiation, notarization of the Land Titling Agreement, and its registration with the Real Estate Register;​
3. Environmental impact assessment (if applicable) – the duration can vary based on the size and nature of the data centre and the complexity of the assessment (however, when considering the project timeline six months for implementation of this step can be contemplated);​
4. Receipt of connection conditions and special requirements for the preparation of the data centre design – approximately one month;​
5. Preparation and approval of the design documentation of the data centre – typically take from three to four months;​
6. Obtaining the construction permit – usually takes around two months.​

 At the outset of the design phase for any building project, including but not limited to data centres in Lithuania, it is imperative to obtain connection conditions. Connection conditions define the requirements for (i) connection of the engineering networks or communications of the building designed on the land plot to the main engineering networks (water, sewage, electricity, gas, telecommunications, etc.) and/or communications (roads and other access infrastructure) belonging to third parties; and/or (ii) relocation of engineering networks and/or communications belonging to third parties from the intended development site.​

If the data centre project requires modifying the existing infrastructure or constructing new infrastructure, the developer must enter into agreements with the respective infrastructure owners.​

Given that data centres, a new category of assets, are not explicitly addressed or regulated under Lithuanian law, there are currently no designated land plans or zones specifically permitting their construction. However, these data centres are permissible on land designated as “other” with the land use falling under either (i) “territories of transport and engineering communications service objects” or (ii) “territories of industrial and storage facilities”.​

Nevertheless, it is crucial to note that defining the land purpose and its designated use represents just the initial phase in establishing a data centre. Further specific requirements may emerge from relevant territorial planning documents and legal acts. Therefore, additional considerations will likely arise during the development stages of the data centre.

Legislation does not provide for specific environmental requirements for development of data centres, however, under the general rule, in cases where the implementation of the project requires an Environmental Impact Assessment (an “EIA”) procedure, its completion and the positive conclusions of the competent authorities regarding the compliance of the planned activity with environmental protection requirements are a pre-condition for issuance of construction permit.​

Depending on its size and location, the procurement of a data centre may necessitate screening for and/or full EIA (e.g. development of urban structures occupying 1 ha and larger territory is subject to screening for EIA). Thus, each development must be considered on its own merits to ascertain whether a screening for EIA or EIA will be required.​

There are no specific requirements on biodiversity protection/net gain in relation to the development of data centre projects. However, every development must be compliant with general requirements of biodiversity protection (e.g. requirements related to protection of protected areas), the influence of which in most cases is analysed during EIA procedures (if such are applicable).​