The Data Centre Covenant: strategic status as a route to grid capacity
October 29, 2026
The Data Centre Covenant: strategic status as a route to grid capacityOctober 29, 2026 The UK Government's new Data Centre Covenant, announced during the Chancellor’s Budget on 28 October 2026, targets 6 GW of AI data-centre capacity by 2030 and sets expectations for developers across five pillars: the energy system (credible capacity requests and bearing attributable system costs), community benefits (a Local Benefit Plan additional to section 106 and CIL), environmental performance (PUE of 1.3 or better and limited use of public water), jobs and supply chains, and security and resilience. In return, data centres that demonstrate sufficient strategic importance may receive targeted Government help to overcome development barriers, above all grid-connection constraints. This briefing focuses on that grid-connection offer and what it means for developers. Grid connections: the key developmentThe most significant aspect for developers is the link between so-called “strategic status” and access to sought after electricity capacity. A new Ministerial Control Centre, chaired by the Minister for AI, will consider support for strategically important developments. Potential interventions include:
Flexible connections and queue reformThe Covenant supports further development of flexible connection arrangements and "backstop operational control measures", which could allow additional demand onto constrained networks where data centre operators accept restrictions or interruption under defined conditions. This raises a fundamental commercial question: is an earlier but non-firm connection worth more than waiting several years for firm capacity? The answer will turn on the level and duration of curtailment, customer availability commitments, UPS and battery capability, on-site generation, workload flexibility, procurement arrangements and the timetable for conversion to firm capacity. That assessment also needs to flow through the project's contractual suite. If network access can be curtailed, developers will need to understand whether that risk is consistent with customer availability commitments and, where relevant, financing assumptions, rather than simply accepting an earlier connection in isolation. The Covenant also supports Ofgem's proposed data-centre commitment fee and associated queue-management measures, designed to discourage speculative requests. The direction of travel is clear: developers requesting very large amounts of capacity will need to show that their projects are credible, deliverable and economically or strategically valuable. The unanswered question: what is a "strategic data centre"?Government has not yet precisely defined a "strategic data centre" or published the full eligibility criteria. Compliance with the general Covenant requirements does not currently confer any entitlement to an accelerated connection. Key points to watch include:
What about projects already in development?The Covenant does not appear, of itself, to reopen existing planning permissions or retrospectively rewrite existing connection agreements. However, developers already in the pipeline should not assume that the new regime is irrelevant to them. The Government expressly contemplates reallocating capacity and supporting the transfer of existing pre-2030 connection contracts, while the Covenant's enhanced requirements are the gateway to additional Government intervention for strategic projects. Existing projects may therefore have both an opportunity and a risk: the opportunity to seek strategic status or an accelerated route to power, and the need to understand how new capacity-allocation measures could interact with existing connection positions. Much will depend on the transitional arrangements and the forthcoming criteria for strategic status. Key regulatory questionsSignificant implementation detail remains outstanding, including how preferential reallocation will operate alongside the NESO connections framework; whether contract transfers will involve novation, reassignment of capacity or a separate allocation mechanism; whether designation can alter queue priority; the level, triggers and security requirements of commitment fees and their treatment of phased projects; the operational restrictions attached to flexible connections; which assets developers may self-build and on what adoption terms; and whether designation will create an enforceable route to assistance. CommentThe Covenant recognises that access to reliable electricity capacity has become one of the principal constraints on data-centre investment. Its real significance lies less in its environmental and community standards than in the bargain behind them: projects demonstrating genuine strategic importance, deliverability and public benefit may in theory receive significantly greater help in obtaining the power and consents they need. For further information, please contact a member of the Eversheds Sutherland Energy and Infrastructure team. Latest InsightsLatest News
Latest Events
legal updates November 10, 2026 COP31: Opening day puts health and heat risk in focus legal updates November 10, 2026 Technology Law Shorts - November 2026 legal updates November 10, 2026 Global AdVocate: advertising and marketing international quarterly newslett... legal updates November 10, 2026 Global Sustainability & ESG Insights - October 2026 client news November 06, 2026 Eversheds Sutherland advises Mercedes-Benz on European fast-charging partne... firm news November 05, 2026 Eversheds Sutherland hires partner Peter Cheng to lead Hong Kong ECM practi... firm news October 27, 2026 Eversheds Sutherland (International) announces senior leadership appointmen... firm news October 26, 2026 Eversheds Sutherland deepens fintech and regulatory bench with double partn... hybrid Europe Action Week 2026 Europe Action Week returns this November with a dynamic mix of events designed to help you navigate what’s next. virtual Dutch employment law training November 10, 2026 2.00pm - 5.00pm (GMT) Virtual virtual Strategic absence management November 11, 2026 9.30am - 12.30pm (GMT) Virtual virtual Belgian employment law training November 17, 2026 2.00pm - 5.00pm (GMT) Virtual |