Martim Van Zeller Bettencourt has written an opinion article in Jornal de Negócios on the challenges of urban planning licensing for data centres in Portugal, at a time when these infrastructures play a central role in the digital economy and technological sovereignty.
In the article, he stresses that 'the reality is now undeniable' and that, driven by the exponential growth of artificial intelligence and geopolitical tensions, 'data centres have evolved from a futuristic concept into critical infrastructure essential to the digital sovereignty of any nation'.
Despite Portugal’s competitive advantages — such as its strategic geographical location, connections to submarine cables, robust fibre-optic connectivity and a competitive energy market — the author warns that 'in practice, however, the viability and timetable of any investment in this sector depend on the alignment of four interdependent variables: site selection, energy availability, connectivity and procedural predictability'.
In this context, spatial planning instruments play a decisive role. As he notes, 'spatial planning frameworks represent one of the decisive factors in the success or failure of any data centre project'. He further explains that 'the ‘data centre’ typology is not expressly provided for within traditional planning categories, sitting ambiguously between industrial, services or utilities classifications', which requires a rigorous, case-by-case legal assessment of compatibility of use in light of municipal plans and the applicable public easements and restrictions.
Among the most impactful constraints are restrictions relating to the water domain, areas included in the National Ecological Reserve (REN) and the National Agricultural Reserve (RAN), as well as energy corridors and road or railway protection zones, all of which may significantly influence the location, scale and access arrangements of proposed projects.
Once the preliminary assessment phase has been completed, 'the municipal urban planning licensing phase begins', a process that may involve several public authorities with responsibilities in environmental matters, civil protection, heritage, infrastructure, energy and transport. In this regard, the author highlights the recent amendments to the Legal Framework for Urbanisation and Construction (RJUE), which 'seek to clarify and simplify licensing procedures', through the reformulation of deadlines, the strengthening of tacit approval mechanisms and the requirement for prior consultation with external entities.
According to Martim Van Zeller Bettencourt, if properly implemented, these changes 'may introduce a greater degree of predictability in obtaining favourable decisions within a reasonable timeframe', thereby reinforcing Portugal’s attractiveness for investment in this strategic sector.
In conclusion, he states that 'a methodologically sound approach to the licensing of any data centre requires a comprehensive prior urban planning and land due diligence', an essential condition for anticipating risks, planning the process and accelerating decisions, with a direct impact on the success of projects.
- This article was published in the print edition of Jornal de Negócios on 26 February 2026.
