Processing and information leaflets

Why are aeronautical easements established?

The reason for the establishment of aeronautical easements for airports, helipads and aeronautical radio installations is to ensure the safety of aircraft operations, as well as the proper functioning of aeronautical radio installations.

Who is the competent National Supervisory Authority for aeronautical easements?

The National Supervisory Authority will depend on the place where the actions will be carried out, with three possibilities:

• For actions under aeronautical servitudes of aerodromes and civil helipads, and civil aeronautical radio installations, the National Supervisory Authority is the State Aviation Safety Agency, hereinafter AESA.
• For actions under aeronautical servitudes corresponding to air bases, military aerodromes, as well as air navigation radio installations of interest to 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 with respect to the level of the surrounding land or water that are outside the area affected by aeronautical easements, the prior favorable agreement of EASA must be obtained, before the beginning of the same, whether or not they are subject to license or prior authorization of any other administration.

Who should apply for the agreement?

The following shall apply for prior favourable authorisation agreement in respect of EASA aeronautical easements: 

• Natural or legal persons
• General government
• Bodies
• Entities and administrations competent in urban planning and public works, as well as in the transport, distribution, commercialization and supply of electricity and in the establishment of the authorization and planning of installations of the public radioelectric domain
• Promoters implementing actions not subject to prior administrative control

intending to carry out constructions, installations or plantations in areas affected by aeronautical easements of aerodromes, helipads or radio-aid to air navigation, or elements having a height of 100 metres or more.

Prior favourable agreement will not be necessary for actions carried out by airport managers or air navigation service providers within the enclosure of aerodromes and radio installations for air navigation (Article 31.8 of Royal Decree 369/2023 of 16 May 2023 regulating aeronautical servitudes for the protection of air navigation).

In which cases should prior favorable agreement be requested?

They require the prior favourable agreement of AESA or the competent body of the Ministry of Defence, within the scope of their own competences.

• Constructions, installations or plantations located in areas affected by aeronautical easements
• Elements having a height of 100 metres or more above the surrounding ground or water (even if not in areas affected by aeronautical easements).

When is it NOT necessary to request prior agreement in areas affected by aeronautical easements? New!

It will not be necessary to apply for authorisation in areas affected by aeronautical easements when these actions are considered to be MINOR WORKS , given the low altitude that this type of action entails and the fact that it is surrounded by other similar elements, it is considered that they will not affect the safety and regularity of aircraft operations.

The State Aviation Safety Agency considers that the following actions can be considered as minor works in the field of aeronautical servitude:

• Exterior or interior renovations in 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 ;
  (*) _{Exception: modifications in facades and / or roofs will NOT be considered minor works when the finish of these surfaces becomes metallic (for example, the coating with metal panels of a brick facade, or the replacement of a tile roof with a metal sheet finish).}
   
• Construction or installation on the ground or intermediate floor of existing buildings, awnings, pergolas, canopies, enclosures, terraces, signs, barbecues, etc., which do not increase the height of the building ;
• Installations on the roof of a building, lift boxes, air conditioning equipment, fireplaces, etc., which do not exceed at any point 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 building demolitions, provided that mobile cranes or similar means are not used as auxiliary means, which may exceed the height of the existing pre-assembly;
• Installation or construction of elements of urban furniture, recreational areas, sculptures, benches, canopies, fountains, bins, fences, information signs, road signs, traffic lights, etc., provided that the elements are surrounded by other nearby and permanent constructions of equal or greater 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 constructions of equal or greater elevation;
• Works for resurfacing or paving streets;
• Installation and construction of underground infrastructure ;
• Land cover ;
• Enclosure / fencing of plots up to a height of 3,00 meters provided that the elements are surrounded by other nearby and permanent constructions of equal or higher elevation;
• Installations of a greenhouse surrounded by other greenhouses of similar characteristics and equal or higher elevation, provided that they do not have an associated raft;
• Tool room or installation of prefabricated construction sheds, up to a height of 3,00 meters, provided that the elements are surrounded by other nearby and permanent constructions of equal or greater elevation;
• Installation of scaffolding, lifting elements or other auxiliary elements of work attached to the façade, without exceeding the height of the existing building;
• Use of machinery up to 4,00 meters high, provided that it is surrounded by other nearby and permanent constructions of equal or greater height;

In the cases listed in the previous points, the use of the auxiliary means necessary to carry them out (tower cranes, mobile cranes, scaffolding, crane trucks, excavators, etc.) that exceed the height of existing buildings or facilities would NOT be exempt from AESA's prior favorable agreement.

In any case, any element considered to be a Minor Work that is likely to generate one of the situations included in Article 14 of Royal Decree 369/2023, such as foci of attraction of fauna, smoke emitters, which may induce turbulence, etc.) must be coordinated as established in that article, for which they can apply the guide to activities in the environment that they can find in the section ‘Guide Material’.

IN CASE OF DOUBTS ABOUT THE NEED TO REQUEST AN AUTHORISATION IN AREAS AFFECTED BY AERONAUTICAL SERVERS, OUR CONTACT PHONE FOR USER SERVICE IS 913968320, SCHEDULE FROM 10:00 TO 12:00 H.

Is it necessary to request prior agreement for the installation of self-consumption photovoltaic solar panels?

t will NOT be necessary to request the prior agreement in favour of EASA, in the field of aeronautical easements, for the installation of self-consumption photovoltaic solar panels , since EASA considers that these installations will not affect the safety and regularity of aircraft operations, in the following cases:

• On the roof of existing buildings (ships, houses or other buildings and installations) provided that these do not exceed the height of the building on which they are installed (including elements such as casetons, 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 and / or use of lifting platforms attached to the facade without exceeding the height of the existing building.
• On the ground, so that these and their corresponding facilities do not exceed the height of the buildings, facilities or vegetation of the environment and the area to be installed does not in any case exceed 100 square meters.

Auxiliary means other than those indicated above, such as tower cranes, mobile cranes, etc., that may be necessary to carry out the installation of photovoltaic panels, and that exceed the height of existing buildings or facilities, will NOT be exempt from the prior favorable agreement of AESA.

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

Can prior favourable agreement be sought before “recurring actions” in time, for the same location, in areas under aeronautical servitudes?

Authorisations, which require prior favourable agreement, may be requested for “recurring actions” that take place in the same location over the months or years, such as the installation of mobile cranes for maintenance work, tents, attractions, stages, decoration elements, or other 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 clearly delimited, clearly indicating the coordinates identifying the area(s) requested and the dimensions of those coordinates -msnm-, as well as the maximum height requested (m) and the maximum elevation requested (msnm) for each area(s)/volume(s). In this case, modifications may be made in the location and height of the facilities, in successive years, provided that they do not affect the approved area(s)/volume(s).
   
   Note: EASA may request additional information on the orientation of authorised facilities due to a possible condition to radio
   
   bondage or
    
2. The location (coordinates), height (msnm), maximum requested height (m), maximum requested elevation (msnm) of each of the intended installations must be identified in each of the requested area(s). In this second case, any change in the successive ‘recurring actions’ of the locations and maximum heights for the different installations to be assembled will require a new prior agreement.

This authorization will be valid until the date of publication in the Official State Gazette of the establishment of new aeronautical easements affecting the sites where the repetitive actions are carried out, in which case a new application for authorization must be made in respect of aeronautical easements.

How can you tell if the location is within an area affected by aeronautical servitude?

To check if the area where you intend to carry out the action is affected by aeronautical servitudes, you can access the following map where the contours of the published SSAA are shown. Within these contours the land is affected by aeronautical easements.
Map of aeronautical easements (link to the web map)
If the action is within the contour, you must process the application.

Where can you consult the decrees of aeronautical servitudes of each airport or radio installation?

In the following link you can consult the plans that reflect the aeronautical easements established for airports, helipads and civil aeronautical radio installations. The consultation is carried out through the royal decree of the installation in question.
Royal decrees of aeronautical servitudes.

How should the request for prior favourable agreement be processed?

To request prior favourable agreements on aeronautical servitudes, in compliance with the provisions of Royal Decree 369/2023 of 16 May 2023, which regulates aeronautical servitudes for the protection of air navigation, you must proceed as follows:

Link to the headquarters of AESA

As of May 18, 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. Therefore, it is very important that companies have legally authorized persons to carry out these procedures and to receive electronic notifications in the procedures in which they have the status of interested parties.

The municipalities or public administrations that have to carry out the processing of authorizations in matters of aeronautical servitudes will use Electronic Headquarters of AESA or other communication platforms between administrations such as the Registry Interconnection System (SIR), ORVE, etc.

Notifications will be sent through the Electronic Office or through the official SUN notification platform, depending on the means by which the application has been submitted.

What are the resolution deadlines indicated by the current legislation?

The maximum period for the issuance and notification of the prior agreement to carry out actions in the areas of aeronautical servitude and high-rise obstacles will be six months, after which it will be considered issued in an unfavourable sense (Article 33.6 of Royal Decree 369/2023, of 16 May, which regulates aeronautical servitudes for the protection of air navigation).

What happens if the regulations on Aeronautical Services are not complied with?

Failure to comply with Royal Decree 369/2023 of 16 May 2023 regulating aeronautical servitudes for the protection of air navigation, which affects or poses a risk to the safety and regularity of aviation and airworthiness, shall give rise to 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 infractions are considered as very serious, being the amount of the penalties associated with this type of infraction from €90,001 to €225,000.