The decree introduces a security deposit linked to the reservation of access to the power grid, with periodic payments beginning upon the issuance of the permit and continuing as long as the reserved capacity remains in place, and establishes a strict schedule of milestones.

The decree introduces a security deposit linked to the reservation of access to the power grid, with periodic payments beginning upon the issuance of the permit and continuing as long as the reserved capacity remains in place, and establishes a strict schedule of milestones. The industry views this as a necessary step toward bringing order to a market strained by speculative forces.

The government has included in Royal Decree 7/2026—the anti-crisis decree approved in response to rising fuel prices—measures that, for the first time, impose a cost on reserving access to the electricity grid without activating projects.

The financial guarantee will be approximately 160 euros per kilowatt and will be paid periodically starting from the date the permit is granted. Once the facility becomes operational, this amount may be recovered through discounts on connection fees.

The scope of the measure is significant. With nearly 70,000 megawatts pending in Spain, the total amount of performance bonds that could be called upon could exceed 10 billion euros. In this context, Cani Fernández, president of the National Commission on Markets and Competition, had already warned that more than 90,000 MW with approved permits are not being utilized efficiently.

 

A tax to curb speculation

The decree establishes an “access capacity reservation fee,” which entails a monthly payment starting from the moment the permit is obtained, even if the facility is not yet operational. If the project has not been developed within five years, the permit will expire. In addition, the regulation sets a strict timeline of milestones: the development contract must be signed within a maximum of three years, and final access must be formalized within four.

The government has also announced a forthcoming royal decree on sustainability, which will require proof of renewable energy use, compliance with energy efficiency standards, and the assurance of responsible water consumption. Failure to meet these requirements may also result in the revocation of permits.

 

"This will help reduce speculation"

For more experienced operators, the measure is seen as a step in the right direction. In an interview with David Ribalta, Commercial Director for the Eastern Region at Adam Data Center, he noted that requesting electrical capacity “has been free in this country for a long time,” which has encouraged the accumulation of access rights without any real intention of developing projects.In this context, the introduction of costs and time limits is seen as a necessary step to bring order to the market and reduce these dynamics. The operator also points to a shift in the sector’s dynamics, marked by the evolution of major tech players, who have gone from being customers to developing their own infrastructure, reflecting the market’s transformation in recent years.

The sector calls for regulatory balance

In Spain DC, the new regulations are being viewed with caution. The association acknowledges the need to regulate access to the power grid, but warns that overly strict regulations could also harm sound projects.

“Streamlining the system is necessary, but not at the expense of making mature, strategic projects for the country more expensive or delaying them,” the organization states.

In this regard, they highlight the role of data centers as critical infrastructure for the digital economy, with a direct impact on sectors such as public administration, banking, healthcare, and industry. According to their estimates, installed capacity in commercial data centers in Spain reached 439 MW in 2025 and, under a business-as-usual scenario, could exceed 2,500 MW by 2030—a trend that will depend largely on the regulatory framework.

The key, they note, will be striking a balance between high standards and predictability. “Economic indicators are necessary, but they must be accompanied by objective milestones, transparency, and better network planning.”

In addition, Spain DC warns that Spain’s position in attracting international investment could be affected if the regulatory environment becomes more burdensome or less predictable than that of other European markets. In a context where projects constantly compare costs, timelines, and energy availability, “they don’t disappear, but they do move elsewhere.”

In this regard, the regulatory framework not only shapes the sector’s domestic development but also its ability to compete in the European market.

 

Europe regulates, but builds less

When it comes to digital sovereignty, the industry remains skeptical. Much of the cloud infrastructure considered “sovereign” in Europe continues to rely on international players, a reality that stands in stark contrast to regulatory rhetoric. As Adam Data Center points out, “We talk a lot about sovereignty, but we do very little about it.”

 

The market is cooling off

The narrative that demand has outstripped supply—which has driven the sector’s growth in recent years—is beginning to shift. As Adam Data Center notes, “Demand exists, but not at the rate that had been projected.”

This context, marked by high expectations, has in some cases led to the reservation of capacity without immediate project development, contributing to speculative trends in the market.

In this regard, the decree could help guide the sector’s development and align the planning of new capacity with actual demand.

The outcome will depend, to a large extent, on how the announced sustainability regulations are implemented and on their impact on future developments.

In this context, access to energy will play an increasingly important role in the sector’s development in the coming years. Beyond curbing speculation, the new regulatory framework aims to bring greater discipline to project planning and execution, in line with the evolution of a market that is maturing.