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 National Supervisory Authority competent for aeronautical servitude?


    The National Supervisory Authority will depend on the place where the actions are to be carried out, and there are three possibilities:

    • For actions under aeronautical servitudes of civil aerodromes and heliports, and civil aeronautical radio installations, the National Supervisory Authority is the State Aviation Safety Agency, hereinafter referred to as AESA.
    • For actions under aeronautical servitudes relating to air bases, military aerodromes, as well as radio air navigation installations of interest to the defence, the National Supervisory Authority is the competent body of the Ministry of Defence.
    • For the execution of elements more than 100 metres high in relation to the level of the surrounding land or water outside the area affected by aeronautical servitudes, the prior agreement of the EASA shall be granted prior approval, prior to the commencement of these elements, whether or not they are subject to prior authorisation or authorisation from any other administration.

Can a favourable prior agreement be sought for “recurrent actions” over time, for the same location, in areas under aeronautical servitude?


    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:

    1. 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

       
    2. 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.

    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.

Who should request the agreement?


    They shall apply for the prior approval of aeronautical servitudes from the State Aviation Safety Agency:

    • Natural or legal persons
    • Public administrations
    • Bodies
    • Entities and administrations responsible for urban planning and public works, as well as for the transport, distribution, marketing and supply of electricity and for the establishment of the authorisation and planning of installations in the public radio domain
    • Promoters carrying out actions not subject to prior administrative control

    intending to carry out constructions, installations or plantations in areas affected by aeronautical servitudes of aerodromes, heliports or radio-assistance to air navigation, or elements more than 100 metres high.
    Prior agreement will
    not be necessary for the actions carried out by airport managers or providers of air navigation services within the aerodromes and radio installations for air navigation (Article 30(3) of Decree 584/1972 of 24 February 1972 on aeronautical servitudes, as amended by Royal Decree 297/2013 of 26 April 2013).

    There is no need to apply for authorisation in areas affected by aeronautical servitude where:

    • It is desirable to carry out work that does not involve an increase in the authorised height: interior refurbishment, change of decks, construction of barbecues, fences, photovoltaic plates for self-consumption [1], etc.
    • It is desirable to carry out work that does not imply an increase in height over the existing level of land: underground works, swimming pools, orchards without trees, earth movements.

    In the cases mentioned in the above points, the use of the necessary auxiliary means to carry them out (tower cranes, mobile cranes, scaffolding, crane trucks, excavators, etc. that exceed the height of existing buildings) would not be exempt from the prior agreement of AESA.

    [1] In line with Royal Decree 244/2019 of 5 April 2019 regulating the administrative, technical and economic conditions for self-consumption of electric energy in Spain, AESA will consider the installation of solar self-consumption panels to be minor:

    • On the roof of existing buildings, provided that these do not exceed the height of the building itself on which they are installed (including elements such as cassettes, perimeter bibs, 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 lifts attached to the façade without exceeding the height of the existing building.
    • On the ground, so that these do not exceed the height of the surrounding buildings and the surface area to be installed does not in any case exceed 100 square meters.

    Provided that the criteria indicated for this type of plant are met, it will not be necessary to request the prior favourable agreement on aeronautical servitude from AESA.

    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 solar panels, shall not be exempt from the favourable prior agreement of AESA.

    Under no circumstances does this exemption apply to photovoltaic solar plants which are not intended for self-consumption. In this case, the authorisation agreement must be requested prior to its installation.

In which cases should a favourable prior agreement be sought?


    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.

    • Constructions, installations or plantations situated in areas affected by aeronautical servitudes
    • Elements more than 100 m above the surrounding field or water (even if not in areas affected by aeronautical servitude)

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 apply for favourable prior agreements on aeronautical servitudes, in compliance with the provisions of Decree 584/1972, we 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?


    In areas affected by aeronautical servitude, the deadline for issuing the prior agreement for carrying out operations in bonded areas shall be six months, after which it shall be deemed to be issued in the unfavourable sense (Article 31(4) of D 584/1972 as amended by Royal Decree 297/2013 on aeronautical servitudes).
    For obstacles of more than 100 metres in areas not affected by aeronautical servitude, the deadline for issuing the prior agreement shall be three months, after which it shall be deemed to be issued in an unfavourable sense.

What happens if the rules on Aeronautical Servidumbres are not complied with?


    Failure to comply with Decree 584/1972, as amended by Royal Decree 297/2013, in any of its articles, which affects or poses a risk to the safety and regularity of aviation and airworthiness, will incur the corresponding liability contained in Law 21/2003 of 7 July 2003 on Aviation Safety, and where appropriate, the appropriate penalty proceedings may be initiated. In accordance with the provisions of Article 48.4 of this Law, these offences are considered to be very serious, the amount of the penalties associated with this type of offence being from EUR 90,001 to EUR 225,000.

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