The expansion of data centers is a key component of digital infrastructure. At the same time, the size and technical complexity of modern data centers present new legal challenges for Austrian permitting and planning practices.

The current case in Leopoldsdorf clearly demonstrates that even without a specific EIA requirement for data centers, an Environmental Impact Assessment (EIA) may be necessary under current law. In particular, necessary ancillary facilities such as emergency power generators can be decisive factors in this regard.

What does this mean for existing and planned projects?

For project developers and municipalities, an early assessment of EIA relevance is crucial. If this issue is not clarified until the approval process is underway or after zoning has been finalized, significant legal and economic risks may arise.

Particularly in cases of rezoning, it must be determined whether the planned use requires a Strategic Environmental Assessment (SEA) at the regulatory level. If such an assessment is wrongfully omitted, this can jeopardize the legality of the zoning decision and, consequently, the entire planning-law basis of a project.

Planned New Regulation Brings Clarity—and New Questions

With the planned amendment to the EIA Act, a separate legal provision for the construction of new data centers is to be created for the first time. The amendment provides for thresholds for installed connected power above which an EIA requirement or a case-by-case assessment is triggered.

This will make the legal classification of data centers more transparent in the future. At the same time, new questions arise—such as regarding the definition and consideration of ancillary facilities, the proposed thresholds, and the elimination of the previous cumulative impact assessment.

For projects already in the planning stages, it is therefore crucial to consider the existing legal situation and the planned changes together.

Early Legal Review Provides Planning Certainty

Data center projects operate at the intersection of environmental law, land-use planning law, and permitting law. An early legal analysis can help identify risks before significant planning or economic decisions are made.

Our partners Michael Hecht and Josef Peer address the current developments and the resulting challenges for data center projects.

Read the full guest article in DER STANDARD and learn more about the legal framework for data centers in Austria.