This is the second in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK data centre sector’s expansion is increasingly dominated by the shell and core development model. Hyperscale and major colocation tenants are seeking to deploy capital efficiently, accelerate their time-to-market, and retain maximum control over their proprietary technical environments. In response, developers are delivering powered shells – buildings with foundational power and cooling infrastructure but without tenant-specific fit-out – as the market standard. This approach provides tenants with the freedom to customise their IT architecture. But it also presents developers and investors with complex legal and commercial challenges. The core objective is to create a flexible, scalable asset while ensuring a secure, bankable investment that meets the stringent criteria of institutional finance. The success in shell and core projects depends on the seamless integration of planning, development, construction, leasing and regulatory strategies. A misstep in one area can cascade through the project, affecting finance, tenant relationships and operational performance. This second instalment of our Insight Series examines the legal frameworks underpinning these developments, from the structure of development management agreements and lease contracts to the regulatory considerations shaping the market.

This is the first in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK’s data centre market is entering a period of rapid expansion, set to grow from $10.7 billion in 2024 to $22.7 billion by 2030. This is being driven by the computational demands of artificial intelligence, the widespread shift to cloud services and the relentless rise of enterprise-level computing. The result is a highly competitive market for powered land. For hyperscale operators, institutional investors and specialist developers, the acquisition of these sites is no longer confined to the parameters of conventional real estate. Instead, it’s now a complex, high-stakes convergence of energy regulation, planning law and strategic commercial negotiation. Successfully navigating this landscape to deliver projects on time and on budget requires commercially astute legal advice to mitigate risk, unlock value and achieve market-leading outcomes. In this article, we explore the legal, regulatory and commercial strategies that underpin successful data centre development, from planning consent and power supply agreements to ESG integration and emerging technological requirements.

For the vast majority of Israeli and Israel-related companies considering an IPO, London should continue to be the venue of choice. London has greater access to capital and liquidity than the Tel Aviv Stock Exchange and lower barriers to entry than US markets, as well as greater opportunities for index inclusion. The common narrative in the media that valuations in US capital markets are superior does not fully reflect the reality. While some of the largest and most successful companies have achieved attractive valuations in the US[1], a US IPO is realistic only for the very largest Israeli private companies. Furthermore, for the vast majority that have chosen this route in recent years, post-IPO share price performance has been extremely disappointing. Whilst the geopolitical situation for Israeli and Israel-related companies is currently challenging, we expect that, once the situation stabilises, there will be increasing interest from those companies about listing in London, particularly as the UK’s forthcoming “once in a generation” capital markets regulatory reforms take effect.

While the British media is currently focussed on a small number of large-cap companies, formerly listed in London, choosing to move their listings to New York, there is another story which is not so well publicised. Many small and mid-cap US companies have been attracted to UK markets and have carried out successful IPOs in London. Since 2017, 91 companies from the Americas have joined the LSE, compared to only 23 companies going the other way. US businesses have particularly been drawn to AIM, LSE’s growth market, which is a well-established and highly-respected market for growth companies.