Vitoria-Gasteiz: End of Prior AESA Permission for Works in Aeronautical Zones

Key data

Construction and infrastructure projects in Vitoria-Gasteiz eliminate a key administrative procedure as of April 30, 2026. The State Agency for Air Safety (AESA) has resolved to exempt the municipal term from the obligation to request prior agreement on aeronautical easements, according to the Resolution published in the BOE on May 25, 2026.

For developers and construction companies active in the city, this means that a step that was previously mandatory before initiating any project processing in areas near aeronautical facilities disappears from the process. The impact is immediate and practical.

What does this regulation establish?

Aeronautical easements are legal restrictions on land use and maximum construction heights in areas near airports or aeronautical facilities. Their objective is to ensure the safety of air operations by avoiding obstacles in flight paths.

Until now, any developer, builder or administration that wanted to develop a project in the municipal term of Vitoria-Gasteiz within areas affected by these easements had to obtain a prior agreement from AESA before initiating urban planning procedures or construction. This procedure added time and management to the process.

The AESA resolution specifically eliminates that obligation for the entire municipal term of Vitoria-Gasteiz. What changes and what does not change:

• Eliminated: The obligation to request prior agreement with AESA on aeronautical easements before starting projects in Vitoria-Gasteiz.
• Still in force: Other aeronautical regulations applicable to the municipality and its facilities.
• Still in force: All local and regional urban planning regulations applicable to projects.
• Still in force: Any other administrative obligation derived from other sectoral regulations.

Economic and operational impact

The elimination of this procedure has direct consequences on the timelines and operations of projects in Vitoria-Gasteiz:

• Reduction in processing timelines: By eliminating the need to wait for AESA's resolution on prior agreement, projects can move faster in their administrative processing phase.
• Lower management burden: Technical and legal teams of developers and builders no longer have to prepare and submit specific documentation for this procedure before AESA.
• Reduction of uncertainty: The elimination of an external approval step reduces the risk of delays due to unfavorable resolutions or response timelines from the aeronautical administration.
• No impact on construction costs: The exemption is administrative and does not modify technical regulations on heights or land uses. Projects must continue to respect the underlying restrictions imposed by aeronautical easements.

For local administrations that promote public infrastructure in the municipality, the effect is equivalent: fewer prior steps before state agencies to carry out urbanization, facilities or infrastructure projects.

Who does it affect?

• Real estate developers with building projects in the municipal term of Vitoria-Gasteiz.
• Construction companies that execute works in the municipality in areas near aeronautical facilities.
• Local and regional administrations that promote infrastructure or urbanization projects in Vitoria-Gasteiz.
• Architecture firms and technical offices that manage project processing in the municipality.
• Law firms and urban planning advisors that accompany licensing or approval processes in Vitoria-Gasteiz.

Practical example

A real estate developer plans to develop a residential complex in an area of Vitoria-Gasteiz near Foronda airport. Before April 30, 2026, its technical team had to prepare the corresponding documentation, submit it to AESA and wait for the resolution of the prior agreement on aeronautical easements before being able to proceed with the municipal processing of the project.

Since the entry into force of this resolution, that step disappears from the process. The developer can directly initiate urban planning procedures before the Vitoria-Gasteiz City Council without needing to previously obtain that AESA agreement. The technical team must, however, continue to verify that the project complies with the height and land use restrictions imposed by the current aeronautical easements, since these underlying restrictions have not been eliminated, only the prior agreement procedure.

What should companies do now?

1. Review projects in process in Vitoria-Gasteiz to identify if any had pending the request for prior agreement with AESA: that step is no longer necessary and can be eliminated from the process.
2. Update internal processing protocols for projects in Vitoria-Gasteiz, eliminating the step of requesting prior agreement with AESA from the standard workflow.
3. Verify with the technical team that projects continue to comply with the underlying restrictions of aeronautical easements (heights, land uses), since these have not been eliminated, only the prior procedure.
4. Inform legal and processing teams about the exemption so they do not generate unnecessary documentation or management before AESA in future projects in the municipality.
5. Consult the official text of the resolution in the BOE to confirm the exact scope of the exemption and ensure there are no specific conditions applicable to specific projects.