Author

Peter Dilks

Published
31st July 2026

Contents

The growing pressure on UK data centre infrastructure

The UK’s ambition to become a global leader in artificial intelligence is accelerating demand for data centres at an unprecedented pace. With over 500 data centres currently active in the UK, and approximately another 100 planned or under construction, the sector is scaling rapidly.

However, despite this momentum, the infrastructure is still in place to support the amount of power needed for the proposed wave of hyper-scale data centres. The UK’s electricity infrastructure is struggling to keep up with demand, and without significant changes, power availability may become a key constraint on future development.

For data centre operators, this raises an urgent question, how can projects move forward when grid access remains uncertain?

Why grid connection delays are slowing progress

One of the most significant barriers facing developers is the backlog in grid connections. Currently, more than 125 gigawatts of energy and data centre projects are waiting for access to the National Grid. At the same time, energy demand from data centres is expected to increase six-fold by 2035.

The government’s £28 billion Great Grid Upgrade is intended to improve network capacity and resilience. While this investment is significant, this complex process will take time to deliver meaningful change.

In practical terms, this means viable projects may face long delays before securing a grid connection, development timelines become uncertain and harder to manage, and investment decisions are increasingly influenced by power availability

This uncertainty is prompting operators to rethink traditional approaches to energy sourcing.

Understanding grid connection reforms and their limitations

Reforms to the grid connection process are beginning to take shape. Historically, grid connections were previously ordered on a ‘first come, first connected’ basis, which led to many speculative projects being added to the queue, and delaying viable projects.

Now, the system is shifting to a ‘first ready and needed, first connected’. Under this model, the National Energy System Operator (NESO) has implemented a gated framework which requires developers to have the necessary land rights, planning approval and financing. The project must also meet the government’s Clean Power 2030 Action Plan requirements to be eligible.

Those reforms took longer than anticipated to take effect, but critically only addressed half of the issue. Current reforms largely focus on projects that generate or export energy, such as wind and solar farms.

Developments that consume large amounts of electricity, including data centres, are still assessed under the older system.

As a result:

  • high-demand projects face continued delays and uncertainty
  • connection queues remain congested
  • meaningful reform for demand-side projects is not expected until at least 2027

For operators working to tight timelines, this creates a significant challenge.

The rise of ‘behind-the-meter’ energy solutions

To address these issues, many data centre operators are exploring alternative energy strategies, particularly private or “behind-the-meter” arrangements. This not only helps to speed up project timelines but can contribute to sustainability credentials as well.

What also should not be underestimated is the potential for cost savings. Private energy supply agreements can offer fixed tariffs that are often significantly lower than sourcing power from the grid. This is because a substantial proportion of electricity bills is made up of ‘use of system’ and ‘balancing’ charges, which help fund investment in and upgrades to grid infrastructure.

These charges can account for around 40% of electricity bills. As a result, securing power directly from a private operator that can avoid these costs has the potential to deliver significant savings.

For hyperscale data centre operators, it is important to explore partnerships with off-grid energy providers as early as possible in the planning and construction process. These agreements can take time to negotiate and implement, so progressing discussions alongside construction can help ensure the power solution is ready when the facility becomes operational.

Key considerations when structuring private energy deals

Although behind-the-meter solutions can offer clear advantages, they also introduce new legal and commercial complexities.

Before entering into an agreement, data centre developers should carefully assess:

Generator obligations

Many renewable energy providers operate under government-backed contracts. These may require them to supply power to the grid at short notice.

If this happens, it may affect the availability of energy for the data centre. It is essential to understand:

  • when and how these obligations are triggered
  • whether supply interruptions are possible
  • what protections or contingencies are included in the contract

Reliability and resilience

A consistent power supply is critical for data centres. Operators should consider whether a single private source is sufficient or whether a hybrid approach, combining grid and off-grid supply, is more appropriate.

Timing and coordination

These agreements can take time to negotiate and implement. Engaging with potential energy partners early in the development process can help ensure alignment with construction timelines and operational requirements.

Regulatory and planning implications

Private energy arrangements may raise additional regulatory considerations, depending on the structure of the deal and the nature of the generation asset. Early legal input can help identify and manage these risks.

From short-term workaround to long-term strategy

Initially seen as a temporary solution, behind-the-meter arrangements are increasingly being viewed as part of a long-term energy strategy.

In some cases, operators are considering these solutions as:

  • a primary source of power
  • a backup to supplement grid supply
  • a way to reduce reliance on an overstretched national network

This shift reflects a broader change in how energy is procured and managed within the data centre sector.

A changing energy landscape

The UK’s data centre sector is at a critical point. Demand is growing rapidly, but infrastructure constraints are creating new challenges for developers.

Although government investment and regulatory reform are moving in the right direction, they are unlikely to resolve short-term pressures. In the meantime, alternative energy strategies are becoming increasingly important.

For many operators, behind-the-meter solutions are no longer just a stopgap. They are a practical response to current market conditions and a potential pathway to long-term resilience.

How legal support can help

Navigating energy procurement, regulatory requirements and contractual risk can be complex, particularly in a rapidly evolving environment. Specialist legal advice can support data centre operators by structuring energy supply agreements, identifying regulatory risks and obligations, supporting negotiations with energy providers, and helping align legal strategy with commercial objectives

If you are considering how to futureproof a data centre project, it may be worth reviewing your current approach to energy and exploring whether alternative solutions could support your objectives.


This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.

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About the Author

Peter heads a market leading real estate energy team focusing on innovative solutions to renewable energy and flexible energy generation. His also heads the real estate energy team, helping utility companies to secure rights to protect their networks and facilitate development.. Pete is recognised as a 'Leading Partner' in the Legal 500 UK 2026 guide, and as a ranked lawyer in the Chambers UK 2026 guide.