Key data
| Regulation | Resolution of 14 September 2026, from the Directorate of the State Aviation Safety Agency (AESA) |
|---|---|
| Publication | 15 October 2026 |
| Entry into force | 15 October 2026 |
| Affected parties | Developers, contractors, Barcelona City Council and landowners in areas with aeronautical easements |
| Category | Regulatory Changes |
| Reference airport | Josep Tarradellas Barcelona-El Prat |
| Maximum exempt height | 45 meters |
| Current regulatory framework | RD 657/2022 (aeronautical easements of the airport) |
| Validity of the exemption | Until the aeronautical easements of RD 657/2022 are modified |
Building in areas affected by aeronautical easements in Barcelona required obtaining AESA's prior agreement before starting any project. From 15 October 2026, this changes for a significant part of the municipality. The Resolution of 14 September 2026 from AESA's Directorate grants exemption from this procedure in areas delimited as "green zone" on the agency's official plans, with a height limit of 45 meters.
The underlying regulatory reference is Royal Decree 657/2022, which establishes the aeronautical easements of Josep Tarradellas Barcelona-El Prat airport. The exemption remains valid as long as that decree is not modified.
What does this regulation establish?
Until now, any action—construction, installation or planting—in areas of Barcelona's municipal area affected by the airport's aeronautical easements required requesting and obtaining AESA's prior agreement. This procedure could significantly extend project start-up timelines.
The new resolution introduces an exemption from that prior agreement, but with clear conditions:
| Condition | Detail |
|---|---|
| Territorial scope | Areas marked in green on AESA's official plans for Barcelona's municipal area |
| Maximum height | 45 meters |
| Validity | Until the aeronautical easements of RD 657/2022 are modified |
| Excluded installations | Those that attract wildlife, generate smoke or produce glare (e.g.: industrial solar plants) |
| Consequences of non-compliance | Revocation of the exemption and opening of a sanctioning procedure in accordance with the Air Safety Law |
It is essential to understand that the exemption is not universal: it only applies to areas marked in green on the AESA plan. Areas not marked in green continue to require the ordinary prior authorization procedure.
Economic and operational impact
The main impact of this resolution is operational and timeline-related, not direct cost. Eliminating the AESA prior agreement procedure means:
- Reduction in timelines: AESA's prior agreement could consume weeks or months before the developer could initiate the municipal planning procedure. Its elimination in green zones accelerates project schedules.
- Lower management costs: it eliminates the need to prepare and process technical documentation with AESA for these cases, with the resulting savings in technical and administrative fees.
- Legal certainty: developers in green zones now have certainty that they do not need this prior step, which reduces uncertainty in project planning.
Economic risk appears in case of non-compliance: acting outside green zones without authorization, exceeding 45 meters or executing excluded installations (such as industrial solar plants) without the required permission can result in the revocation of the exemption and the opening of a sanctioning procedure in accordance with the Air Safety Law.
Who does it affect?
- Real estate developers with projects in Barcelona's municipal area in areas with aeronautical easements.
- Construction companies that execute works in those areas.
- Landowners in Barcelona municipality affected by El Prat airport easements.
- Barcelona City Council and its urban planning services, which must integrate this exemption into their licensing procedures.
- Architecture and technical firms that draft projects in these areas and must advise their clients on the need for AESA authorization.
- Legal advisors and urban planning consultants who accompany real estate operations in Barcelona.
Developers operating outside Barcelona's municipal area are not affected, nor are those planning installations that attract wildlife, generate smoke or produce glare, such as industrial solar plants, which remain subject to the ordinary regime.
Practical example
A developer plans to build a tertiary use building of 38 meters in height on a plot in Barcelona's municipal area. Before this resolution, it had to request AESA's prior agreement and wait for its resolution before proceeding with the municipal license.
With the new exemption, the first step is to verify on AESA's official plans whether the plot falls in a green zone. If so, and given that the height (38 m) is below the 45-meter limit, the developer can directly initiate the municipal licensing procedure without processing the prior agreement with AESA. The time savings in processing can be substantial depending on the agency's workload.
If, instead, the same developer wanted to install an industrial solar plant on the building's roof, that specific installation would be excluded from the exemption and would continue to require ordinary AESA authorization, regardless of whether the building itself is in a green zone.
What should companies do now?
- Verify on AESA's plans whether plots or ongoing projects in Barcelona are classified as green zones. This step is prior to any decision on processing.
- Review the planned height of each project: the exemption only applies to actions up to 45 meters. Projects exceeding that limit continue to require prior agreement.
- Classify the type of installation: confirm that it is not installations that attract wildlife, generate smoke or produce glare (such as industrial solar plants), as these are excluded from the exemption.
- Update internal procedures for licensing processing to reflect that, in green zones and up to 45 m, the AESA prior agreement step is no longer necessary.
- Inform technical and legal teams (architects, surveyors, advisors) of this change to prevent them from continuing to include the AESA procedure in project schedules for eligible cases.
- Document the verification: although not mandatory, it is advisable to keep evidence that the green zone classification was checked before starting the project, as a safeguard against possible inspections.
Non-compliance—acting without authorization in non-exempt zones or with excluded installations—can result in the revocation of the exemption and the opening of a sanctioning procedure in accordance with the Air Safety Law.
Frequently asked questions
How do I know if my plot in Barcelona is in an exempt zone from requesting AESA permission?
You must consult AESA's official plans available on its website. The exemption applies exclusively to areas marked in green on those plans for Barcelona's municipal area. If your plot does not appear in a green zone, the ordinary prior authorization regime continues to be mandatory.
Up to what height can I build without requesting prior permission from AESA in Barcelona?
The exemption covers actions with a maximum height of 45 meters. Above that limit, even if the plot is in a green zone, it is still necessary to obtain AESA's prior agreement before starting the project.
Are industrial solar plants exempt from AESA permission in Barcelona?
No. Installations that attract wildlife, generate smoke or produce glare—a category that expressly includes industrial solar plants—are excluded from the exemption and continue to require ordinary AESA authorization, regardless of whether they are in a green zone.
How long does this AESA exemption for Barcelona last?
The exemption is valid until the current aeronautical easements of Josep Tarradellas Barcelona-El Prat airport are modified, established in Royal Decree 657/2022. It does not have a fixed expiration date, but may become void if that decree is updated.
What happens if I build in a non-exempt zone without requesting AESA permission?
Non-compliance can result in two consequences: the revocation of the exemption and the opening of a sanctioning procedure in accordance with the Air Safety Law. It is essential to verify the zone classification before starting any action.
Official source
Consult complete regulation at official source
Notice: This article is purely informational in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21514
