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BOE-A-2026-16333 ·27 July 2026 ·Resolution not-relevant
Administrative

Construction in Madrid municipality: exemption from prior AESA approval under specific conditions

The State Aviation Safety Agency (AESA) establishes an exemption from the obligation to obtain prior favourable approval for activities within the Madrid municipality (Art. 2). This exemption applies to constructions, installations, or plantations that do not exceed the height limitation surfaces of Adolfo Suárez Madrid/Barajas and Madrid-Cuatro Vientos airports, and which do not affect aviation safety or the operation of radioelectric facilities (Art. 2).

In 2 key points

  1. Exemption from prior approval for works that do not exceed the height limitation surfaces of Barajas and Cuatro Vientos airports (Art. 2). (art. Segundo)
  2. The exemption requires that the activity does not affect safety, the regularity of aerial operations, or radioelectric facilities (Art. 2). (art. Segundo)

How it affects those involved

For developers and owners in the Madrid municipality, the processing of building permits is streamlined as prior AESA approval is no longer required, provided the works comply with the height limits and technical safety requirements verified by the aeronautical study (Art. 2). The risk of non-compliance remains if the construction exceeds height limitation surfaces or poses an obstacle to the safety of aerial operations (Art. 1 Legal Grounds).

Lifecycle

2026-07-27PublishedPublished 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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