Data-center law in Portugal

Decreto-Lei n.º 555/99, de 16 de dezembro, na sua redação atual

Effective 2000-04-14 · Applies to both

Establishes Portugal's legal regime for urban development operations (urbanização e edificação). Carrying out an urban development operation depends on a licence, a mere prior communication (comunicação prévia) or a prior communication with a deadline. Construction, alteration and extension works need a licence unless they fall within the prior-communication cases of Article 4(4).

Construction, alteration, extension or demolition works need only a prior communication, for example, in an area covered by a detail plan (plano de pormenor) that defines the alignments and the building footprint. Use or change of use of a building that no licensed or notified works preceded is subject to a prior communication with a deadline. Where an operation is subject to prior communication, the applicant cannot opt for licensing instead.

The municipal council (câmara municipal) grants the licence and may delegate that power to its president. The Decree-Law entered into force 120 days after its publication on 16 December 1999.

Source: Full text of law

Decreto-Lei n.º 151-B/2013, de 31 de outubro, na sua redação atual

Effective 2013-11-01 · Applies to both

Establishes the environmental impact assessment (AIA) regime for public and private projects capable of producing significant environmental effects. A project typified in Annex I is automatically subject to AIA; a project typified in Annex II is subject to AIA where it meets the fixed thresholds, sits wholly or partly in a sensitive area, or is otherwise determined case by case to be capable of significant environmental impact.

The licensing or authorising entity may not issue its decision until a favourable or conditionally favourable AIA decision has been obtained.

Source: Full text of law

Decreto-Lei n.º 15/2022, de 14 de janeiro

Effective 2022-01-15 · Applies to both

Transposing Directive (EU) 2019/944 and Directive (EU) 2018/2001, this decree-law organises Portugal's National Electricity System. Electricity production and storage activities need a production licence and operating licence from the Direção-Geral de Energia e Geologia (DGEG), or a lighter prior-registration and operating-certificate track below set capacity thresholds. A self-consumption installation (UPAC) with an installed capacity above 30 kW and up to 1 MW falls on that lighter track.

The cost of building the connection from the reception point to the interconnection point falls on the licence holder. The sanctioning regime for breaches of this decree-law is set by a separate, dedicated decree-law. ERSE is the administrative authority competent for the energy sector's general sanctioning regime.

Source: Full text of law

Decreto-Lei n.º 162/2014, de 31 de outubro

Applies to private

Approves the Código Fiscal do Investimento, which sets Portugal's contractual investment tax-benefit regime and the Regime Fiscal de Apoio ao Investimento (RFAI). RFAI gives a corporate income tax (IRC) taxpayer carrying out an eligible investment in a sector the Code lists a tax credit against IRC due. The RFAI chapter applies to tax periods starting on or after 1 January 2014.

Source: Full text of law