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BOE-A-2026-11271 ·25 May 2026 ·Resolution Low impact
Tax

Construction in Vitoria-Gasteiz: AESA prior approval exemption subject to height and safety conditions

The State Aviation Safety Agency (AESA) has established an exemption from the requirement for prior approval regarding aeronautical easements within the municipality of Vitoria-Gasteiz. This exemption allows for construction, installations, or plantations without prior AESA authorisation, provided they do not exceed the height limitation surfaces of the Vitoria airport easements and do not compromise the safety of air operations (Second Facts). The exemption is strictly limited to the areas delineated in the technical plans of the study conducted by the Agency.

In 3 key points

  1. Exemption from prior approval for works that do not exceed height limitation surfaces or affect aviation safety, Second Facts (Hechos Segundo)
  2. Any area not included in the technical plans is considered a non-exempt zone, Second Legal Grounds (Fundamentos de Derecho Segundo)
  3. Non-compliance with conditions may lead to the revocation of the exemption and sanctions, Second Legal Grounds (Fundamentos de Derecho Segundo)

How it affects those involved

For owners, developers, and companies undertaking works in the municipality of Vitoria-Gasteiz, the need to process prior AESA approval is removed for activities that remain within the established height and safety limits (Second Facts). However, any area outside the exemption plans or failing to meet the technical conditions will still require prior authorisation, subject to the risk of exemption revocation and sanctions under Law 21/2003 (Second Legal Grounds).

Lifecycle

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

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