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BOE-A-2026-11270 ·25 May 2026 ·Resolution Low impact
Tax

Construction in Burgos: AESA exemption from prior approval granted subject to height and safety conditions

The State Aviation Safety Agency (AESA) has exempted the municipality of Burgos from the requirement to obtain prior approval for construction, installations, or plantations, provided they do not exceed the height limitation surfaces of the Burgos airport aeronautical easements and do not affect aviation safety (Second Facts). This exemption is based on a technical study confirming that such activities do not pose an obstacle to operations or radio-electric installations.

In 3 key points

  1. The exemption does not apply to areas of the municipality not included in the resolution plans (Hechos Segundo)
  2. Non-compliance with the conditions may result in the revocation of the exemption and sanctions (Fundamentos de Derecho Segundo)
  3. A 2-month period applies to file a contentious-administrative appeal following publication (Fundamentos de Derecho Segundo)

How it affects those involved

For landowners and developers within the municipality of Burgos, the processing of building permits will be expedited as AESA's prior approval is no longer required, provided height limits and the zones delimited in the resolution plans are respected. Failure to comply with the exemption conditions may lead to its revocation, liability under Law 21/2003, and the initiation of disciplinary proceedings.

Lifecycle

2026-05-25PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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