Aeronautical easements
Processing and informative triptychs
Why are aeronautical servitudes established?
The reason for the establishment of aeronautical servitudes for airports, heliports and aeronautical radio installations is to ensure the safety of aircraft operations and the proper functioning of aeronautical radio installations.
Who is the competent National Supervisory Authority for aeronautical easements?
- For actions under aeronautical easements of aerodromes and civil heliports, and civil aeronautical radio installations, the National Supervisory Authority is the State Aviation Safety Agency, hereinafter AESA.
- For actions under aeronautical easements corresponding to air bases, military aerodromes, as well as air navigation radio installations of interest to the defence, the National Supervisory Authority is the competent body of the Ministry of Defence.
- For the execution of elements that have a height equal to or greater than 100 meters compared to the level of the surrounding land or water that are outside the area affected by aeronautical easements , it must have the prior favorable agreement of EASA, before the start of the same, whether or not they are subject to a licence or prior authorisation of any other administration.
The National Supervisory Authority will depend on the place where the actions will be carried out, with three possibilities:
Who should apply for the agreement?
- Natural or legal persons
- Public administrations
- Agencies
- Entities and administrations responsible for urban planning and public works, as well as for the transmission, distribution, marketing and supply of electricity and in the establishment of authorisation and planning of installations in the public radio domain
- Promoters implementing actions not subject to prior administrative control
They must apply for a favourable prior authorisation agreement on aeronautical servitudes of:
that intend to carry out constructions, installations or plantations in areas affected by aeronautical servitudes of aerodromes, heliports or radio aids to air navigation, or elements that have a height equal to or greater than 100 meters.
Prior favourable agreement will not be required for the actions carried out by airport managers or air navigation service providers within the aerodrome enclosure and radio installations for air navigation (Article 31.8 of Royal Decree 369/2023 of 16 May, regulating aeronautical servitudes for the protection of air navigation).
In which cases should a favourable prior agreement be requested?
- Constructions, installations or plantations situated in areas affected by aeronautical easements
- Elements more than 100 m above the surrounding field or water (even if not in areas affected by aeronautical easement)
They require the prior favourable agreement of the National Civil Supervisory Authority or the competent body of the Ministry of Defence, within their own competences.
When is it NOT necessary to request prior agreement in areas affected by aeronautical servitudes?
- External or interior renovations of buildings, which do not involve modification of the existing volume, of conservation works, interior renovations, changes in the use of premises, changes in facades, replacement of windows, replacement of roofs, etc., which do not increase the height of the building;
- Construction or installation on the ground floor or intermediate of existing buildings, of awnings, pergolas, canopies, enclosures, terraces, signs, barbecues, etc., which do not increase the height of the building;
- Installations on the deck of a building, of lift boxes, air conditioning equipment, fireplaces, etc., which do not at any point exceed the elevation of other elements already present on the roof of the building itself or are surrounded by existing buildings with greater or equal elevation;
- Construction of a swimming pool on a plot, provided that mobile cranes are not used as auxiliary means;
- Total or partial demolitions of buildings, provided that mobile cranes or similar means are not used as auxiliary means, capable of exceeding the height of the existing pre-element;
- Installation or construction of elements of urban furniture, recreational areas, sculptures, benches, canopies, fountains, bins, fences, information signs, traffic signs, traffic lights, etc., provided that the elements are surrounded by other nearby and permanent buildings of equal or higher elevation;
- Installation of infrastructure in urban areas, of street lighting, poles for the transport of electricity, wiring or other installations attached to facades, etc., provided that the elements are surrounded by other nearby and permanent buildings of equal or higher elevation;
- Repaving or cobbling of streets;
- Installation and construction of underground infrastructure;
- Ploughing of the land;
- Enclosure/valving of plots up to a height of 3.00 metres provided that the elements are surrounded by other nearby and permanent buildings of equal or higher elevation;
- Installations of a greenhouse surrounded by other greenhouses with similar characteristics and equal or higher elevation, provided that they do not have an associated raft;
- Fitting room or installation of prefabricated workhouses, up to a height of 3.00 metres, provided that the elements are surrounded by other nearby and permanent constructions of equal or higher elevation;
- Installation of scaffolding, lifting elements or other auxiliary elements of work attached to the facade, not exceeding the height of the existing building;
- Use of machinery up to 4.00 metres high, provided that it is surrounded by other nearby and permanent constructions of equal or higher height;
It will not be necessary to apply for authorisation in areas affected by aeronautical servitudes when said actions are considered as MENORES OBRAS, since given the low height that this type of action entails and the fact of being surrounded by other similar elements, it is considered that they will not affect the safety and regularity of the operations of the aircraft.
The State Aviation Safety Agency considers that the following actions can be considered as LESS WORKS in respect of aeronautical servitudes:
In the cases mentioned in the previous points, the use of the auxiliary means necessary to carry them out (tower cranes, mobile cranes, scaffolds, cranes, cranes, excavators, etc.) that exceed the height of existing buildings or installations would not be exempt from the prior agreement of EASA.
IN CASE OF DOUBTS ABOUT THE NEED TO APPLY FOR AN AUTHORISATION IN AREAS AFFECTED BY AERONAUTICAL SERVITUDES, OUR CONTACT TELEPHONE FOR USER SERVICE IS 913968320, FROM 10:00 TO 12:00 H.
Is it necessary to request prior agreement for the installation of self-consumption photovoltaic solar panels?
- On the roof of existing buildings (ships, dwellings or other buildings and installations) provided that these do not exceed the height of the building itself on which they are installed (including elements such as casetones, perimeters, chimneys, etc.) and the surface to be installed does not in any case exceed 100 square meters, as well as the installation of scaffolding or the use of lift platforms attached to the facade without exceeding the height of the existing building.
- On the ground, so that these and their corresponding installations do not exceed the height of the buildings, installations or vegetation of the environment and the area to be installed does not in any case exceed 100 square meters.
It will not be necessary to request the prior agreement in favour of EASA, on aeronautical easements, for the installation of self-consumption photovoltaic solar panels, since EASA considers that such installations will not affect the safety and regularity of aircraft operations, in the following cases:
Auxiliary means other than those indicated above, such as tower cranes, mobile cranes, etc., which may be necessary to carry out the installation of the photovoltaic plates, and which exceed the height of existing buildings or installations, shall not be exempt from the prior favourable agreement of EASA.
Under no circumstances does this exemption apply to solar photovoltaic plants that are NOT intended for self-consumption. In this case, the authorisation agreement must be requested prior to its installation.
Can a favourable prior agreement be sought for “recurrent actions” over time, for the same location, in areas under aeronautical servitude?
- The area(s)/volume(s) where the “recurring actions” are requested must be perfectly narrowed, clearly indicating the coordinates identifying the area(s) requested and the dimensions of these coordinates -msnm-, as well as the maximum requested height (m) and the requested maximum elevation (msnm) for each zone(s)/volume(s). In this case, changes in the location and height of the installations may be made in successive years, provided that they do not affect the approved area(s)/volume(s).
Note: AESA may request additional information on the guidance of approved installations due to a possible condition of radio servitude
or
- The location (coordinates), height (msnm), maximum requested height (m), maximum elevation (msnm) of each of the installations to be assembled must be identified in each of the requested area(s). In this second case, any modification to the successive “recurrent actions” of the locations and maximum heights for the different installations to be assembled will require a new prior agreement.
Authorisations, requiring favourable prior agreement, may be requested for “recurring performances” taking place on the same site over the months or years, such as the installation of mobile cranes for maintenance work, tents, attractions, scenery, decoration elements, or similar, and the use of auxiliary means at fairs, concerts, etc., taking into account one of the following two possibilities:
Such authorisation shall be valid until the date of publication in the Official State Gazette of the establishment of new aeronautical servitudes affecting the sites where the repetitive actions are carried out, in which case a new application for authorisation in respect of aeronautical servitude shall be made.
How can you tell if the location is within the area affected by aeronautical servitude?
To see if the area where you intend to carry out the action is affected by aeronautical servitudes, you can access the following map showing the outlines of the published SSAAs. Within these contours the land is affected by aeronautical servitudes.
Map of aeronautical servitudes (link to the web map)
If the action is within the contour, you must process the application.
Where can you consult the aeronautical servitude decrees of each airport or radio installation?
In the following link you can consult the plans that reflect the aeronautical servitudes established for airports, heliports and civil aeronautical radio installations. The consultation is carried out through the Royal Decree of the installation in question.
Royal decrees of aeronautical servitudes (link to royal decrees)
How should the application for prior agreement be dealt with?
In order to request the prior favourable agreements in the field of aeronautical servitudes, in compliance with the provisions of Royal Decree 369/2023 of 16 May, which regulates aeronautical servitudes for the protection of air navigation, it must proceed as follows:
Link to the headquarters of EASA
As of 18 May 2020, Electronic Headquarters will be the only entry and exit channel that AESA will keep operational with all companies and entities that require administrative procedures with this Agency. It is therefore very important that companies have legally authorised persons to carry out these procedures and to receive electronic notifications in the procedures in which they have the status of interested parties.
Municipalities or public administrations that have to carry out the processing of aeronautical servitude authorisations will use AESA Electronic Headquarters or other communication platforms between administrations such as the Register Interconnection System (IRS), ORVE, etc.
Notifications will be sent via Electronic Headquarters or through the official SUN notification platform, depending on the means by which the application was submitted.
What are the deadlines for resolution indicated by the legislation in force?
The maximum period for the issuance and notification of the prior agreement for carrying out actions in the areas of aeronautical servitude and high altitude obstacles shall be six months, after which it shall be deemed to be issued in an unfavourable sense (Article 33.6 of Royal Decree 369/2023, of 16 May, regulating aeronautical servitudes for the protection of air navigation).
What happens if the rules on Aeronautical Servidumbres are not complied with?
Failure to comply with Royal Decree 369/2023, of 16 May, regulating aeronautical servitudes for the protection of air navigation, which affects or poses a risk to the safety and regularity of aviation and airworthiness, will incur the corresponding responsibility contained in Law 21/2003 of 7 July 2003 on Air Safety, and where appropriate, the appropriate penalty proceedings may be initiated. In accordance with the provisions of article 48.4 of this law, these infringements are considered to be very serious, with the amount of the penalties associated with this type of infringement from EUR 90.001 to EUR 225.000.
