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BOE-A-2026-2597 ·4 February 2026 ·Resolution Low impact
Tax

Construction in Almería: AESA prior agreement exemption for structures within height limitation surfaces

The State Aviation Safety Agency (AESA) has exempted certain activities within the municipality of Almería from the requirement to obtain prior agreement regarding aeronautical easements, provided they meet established technical conditions (Second Facts). This exemption applies to constructions, installations, or plantations that do not exceed the height limitation surfaces of Almería Airport and do not affect operational safety (Second Facts). Any area not specified in the technical plans of the resolution will be considered a non-exempt zone.

In 3 key points

  1. Exemption from prior agreement for constructions that do not exceed height limitation surfaces, Second Facts (Hechos Segundo)
  2. Non-compliance with conditions may lead to revocation and disciplinary proceedings, Point 6 (Punto 6)
  3. Two-month period for contentious-administrative appeals or one month for administrative reversal, Legal Grounds (Fundamentos de Derecho)

How it affects those involved

For developers, owners, and private individuals in the municipality of Almería, the processing of building or installation licences will be expedited as AESA's prior agreement is no longer required, provided height limits and technical limitation surfaces are respected (Second Facts). Failure to comply with the exemption conditions may lead to its revocation, liability under Law 21/2003, and the initiation of disciplinary proceedings (Point 6).

Lifecycle

2026-02-04PublishedPublished 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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