With the first operational guidelines published on July 21, 2026, the Ministry of the Environment and Energy Security (MASE) provided the initial application guidelines regarding the procedure for issuing the single authorization for data centers, introduced by Article 8 of Decree-Law 21/2026, converted by Law 49/2026.
These operational guidelines are significant because they address some of the main interpretive uncertainties that emerged during the first few months of the new regulations’ implementation. Among these, the most significant concerns urban planning compliance, which MASE identifies as a necessary and preliminary requirement for initiating the single-procedure, and the inclusion of the building permit within the single authorization.
This clarification provides greater certainty for operators but also highlights an important point: while the single procedure streamlines the process of obtaining the permits necessary for the construction and operation of the data center, it does not automatically resolve any land-use planning incompatibilities in the designated area.
1. The ten-month deadline begins upon verification of completeness
MASE first clarifies that the maximum ten-month deadline for concluding the procedure begins upon notification of the certification that the documentation submitted by the applicant is complete.
This clarification, however, also highlights one of the critical aspects of the regulations: the law does not expressly specify the deadline by which the administration must complete the preliminary review of the documentation’s completeness. Consequently, the initial phase of the procedure remains a key factor in determining the actual duration of the authorization process.
2. Urban Planning Compliance: no automatic amendment to existing planning instruments
The most significant clarification, however, concerns the relationship between the single procedure and urban planning.
According to the Ministry, compliance with municipal urban planning regulations is a necessary and preliminary requirement for initiating the procedure, subject to verification during the preliminary review. MASE further clarifies that the single authorization does not, in and of itself, constitute a variation to existing urban planning instruments.
This clarification is of particular practical importance. For operators, in fact, land-use planning compliance is not merely one of the elements to be verified during the preliminary review but becomes a prerequisite for accessing the procedure. The choice of the site must therefore be evaluated with particular care as early as the preliminary phase of structuring the investment.
Accordingly, the single procedure allows for the coordinated acquisition of the permits necessary for the construction and operation of the data center, but it does not automatically overcome any land-use planning incompatibility affecting the selected site.
3. Building Permits and Connection Works
The Ministry further clarifies that building permits are included in the single authorization procedure. The applicant must therefore submit a complete project including all the documentation necessary for their issuance.
As for electrical connections, MASE specifies that the single procedure covers the data center and its associated user connection networks, regardless of voltage, but does not include the network works identified by the utility provider in the technical connection solution.
Of particular interest is also the confirmation that it is possible to submit an application proposing a temporary medium-voltage connection solution. In such cases, the final solution may be incorporated during the proceedings or, if available only at a later date, authorized through an amendment to the single authorization already issued.
4. A first step toward implementation, but structural issues remain
The clarifications issued on July 21, 2026, represent an important first step in the implementation of the single procedure for data centers.
MASE’s position confirms, however, that the new regulations do not resolve all the sector’s challenges. The simplification introduced by the legislature remains a key factor in accelerating and coordinating the authorization process, but it does not replace the need for a prior assessment of the project’s compatibility with land-use planning, building, environmental and energy requirements. In this sense, the construction of new data centers will continue to depend not only on the speed of the process but also on the ability to integrate such infrastructure into land-use planning and existing networks.
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Authors of this note are Giacomo Guglielmini and Alessandro Castellini.
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Todarello & Partners provides legal assistance on all issues related to the topics discussed in this article. The Firm’s attorneys have relevant experience in the subject matter and in all areas of Administrative Law, regularly assisting some of the largest operators active in the market and representing them before all competent courts.
