Data-center law in France

Code de l'urbanisme, art. L300-6-2, I bis, inséré par la loi n° 2026-403 du 26 mai 2026, art. 35

Effective 2026-05-28 · Applies to both

Paragraph I bis of Article L300-6-2 of the Code de l'urbanisme allows a data centre to be designated by decree as a project of major national interest where, given its purpose and scale, notably in investment, installed power or support for the emergence of competitive domestic ecosystems, it is of particular importance for the digital transition, the ecological transition or national sovereignty.

The administrative authority may refuse a building permit for a data centre sited in an area under structural tension over water resources. For this paragraph, a data centre is an infrastructure or group of infrastructures used to house, connect and operate computer systems and servers and related equipment for the storage, processing or distribution of data and for the activities directly linked to them.

The Constitutional Council declared the first subparagraph of paragraph I bis conform to the Constitution in its decision of 21 May 2026. The Council noted that the designation neither has the object nor the effect of changing the substantive conditions for the administrative authorizations needed to build and site a data centre.

The Council also noted that the legislator did not provide for a data centre designated as a project of major national interest to receive advance recognition of an overriding reason of major public interest for a derogation from the protected-species rules. Law 2026-403 of 26 May 2026 was published in the Journal officiel of 27 May 2026.

Source: Full text of law

Code de l'urbanisme, art. L421-1 a L421-9 (Livre IV, Titre II, Chapitre Ier, Champ d'application)

Applies to both

Construction of a building such as a data centre falls within the Code de l'urbanisme's Book IV, which governs the regime applicable to construction, developments and demolitions. Chapter I of Title II, Articles L421-1 to L421-9, sets the field of application of the building permit and prior-declaration requirements common to the code's various authorizations. Chapter II of the same Title, Articles L422-1 to L422-8, covers competence.

Source: Full text of law

Code de l'environnement, art. L122-1 a L122-16 (Livre Ier, Titre II, Chapitre II, Evaluation environnementale)

Applies to both

Chapter II of Title II of Book I of the Code de l'environnement, Articles L122-1 to L122-16, is the evaluation environnementale chapter. Section 1, Articles L122-1 to L122-3-4, sets the impact-study duty for construction, works, and development projects. Section 2, Articles L122-4 to L122-11, covers the assessment of certain plans and programmes with a significant effect on the environment.

Source: Full text of law

Code de l'energie, regles generales pour le raccordement aux reseaux publics d'electricite (art. D342-5 et suivants)

Applies to both

Section 4, Articles D342-5 to D342-13, of the Code de l'energie's Book III sets the general rules for connecting to the public electricity networks. Articles L342-3 to L342-4 provide for the regional scheme for connecting renewable-energy installations to the network.

Source: Full text of law

Code de l'énergie, art. L236-1 à L236-3, créés par la loi n° 2025-391 du 30 avril 2025, art. 25

Effective 2025-05-03 · Applies to both

Article L236-1 of the Code de l'énergie defines a data centre as a structure or group of structures used to house, connect and operate computer systems or servers and related equipment for the storage, processing or distribution of data and for related activities. The chapter applies to all data centres, including those hosted by companies, banks or research centres.

The administrative, environmental and energy information on the operation of data centres whose installed power in server rooms and computing operation centres is 500 kilowatts or more must be transmitted on the digital platform the European Commission provides under Article 12(3) of Directive (EU) 2023/1791. Those data centres must also make the administrative, environmental and energy data on their activity available to the public.

Paragraph II does not apply to the data centres of the operators named in Articles L1332-1 and L1332-2 of the Defence Code, or to data centres used by the armed forces or civil protection or serving defence or civil protection exclusively. The ministers responsible for energy and the environment set the general rules, technical requirements and siting arrangements that apply to the construction and operation of these data centres.

Article L236-2 requires data centres with an installed power of 1 megawatt or more to make use of the waste heat they produce. A decree of the Conseil d'État sets the requirements for using waste heat and the conditions for derogation. The derogations include the case in paragraph 6 of Article 26 of Directive (EU) 2023/1791.

Where a data centre fails to meet an obligation under the chapter, the administrative authority may serve a formal notice to comply within a period it sets that may not exceed one year. The authority may make the notice public. If the data centre does not comply within the period, the authority may impose an administrative fine proportionate to the gravity of the breach and the advantages gained from it, which may not exceed 50,000 euro per data centre concerned.

The competent administrative authority may publish the act imposing these sanctions on the State's website for between two months and five years. Law 2025-391 of 30 April 2025 was published in the Journal officiel of 2 May 2025. Article L236-1 entered into force on the day after the publication of the law, 3 May 2025. Articles L236-2 and L236-3 entered into force on 1 October 2025, under the rule that paragraphs I to III of Article 25 of the law enter into force on that date.

The Constitutional Council held on 29 April 2025 that the procedure by which the law was adopted conforms to the Constitution.

Source: Full text of law

Code de l'environnement, art. L511-1 A a L517-2 (Livre V, Titre Ier)

Applies to both

Title I of Book V of the Code de l'environnement, Articles L511-1 A to L517-2, covers installations classees pour la protection de l'environnement (ICPE). Chapter II, Articles L512-1 to L512-22, covers installations subject to authorization, registration or declaration.

Source: Full text of law