Key data
| Regulation | Resolution of June 5, 2026, from the Directorate of the State Aviation Safety Agency, exempting the request for prior agreement on aeronautical easements for the municipality of Vigo |
|---|---|
| Publication | July 27, 2026 |
| Effective date | July 27, 2026 |
| Affected parties | Developers, builders and property owners with projects in the municipality of Vigo |
| Category | Real Estate / Urban Planning |
| Maximum exempt height | 45 meters |
| Validity | Until the update of aeronautical easements of Vigo airport set in RD 2278/1986 |
| BOE Reference | BOE-A-2026-16332 |
If you have a construction project in Vigo, as of July 27, 2026 you no longer need to request permission from the State Aviation Safety Agency (AESA) if your plot is in the zones marked in green on the official plans and the height does not exceed 45 meters. The Resolution of June 5, 2026 from the Directorate of AESA (BOE-A-2026-16332) formalizes this exemption, which significantly simplifies urban planning procedures in the municipality.
What does this regulation establish?
Until now, any developer or builder who wanted to erect a building in the municipality of Vigo had to request from AESA a prior agreement to verify that the construction did not violate the aeronautical easements of Vigo airport, established by Royal Decree 2278/1986. This procedure could extend project timelines and generate uncertainty.
The new resolution exempts from that procedure the zones marked in green on AESA's official plans, provided that two conditions are met:
- The construction is located in a zone marked in green on AESA's official plans for the municipality of Vigo.
- The height of the building does not exceed 45 meters.
However, the exemption has clear exceptions. The following installations are excluded from the exemption and continue to require prior authorization from AESA through the ordinary procedure, regardless of whether they are in a green zone:
| Type of excluded installation | Reason for exclusion |
|---|---|
| Water reservoirs | Risk to aviation (bird attraction, light reflection) |
| Landfills | Risk to aviation (bird attraction) |
| Industrial chimneys | Risk to aviation (smoke columns, thermal turbulence) |
| Large-scale solar plants | Risk to aviation (glare, reflection) |
Additionally, zones not marked in green on the official plans remain subject to the ordinary regime: any construction in them requires requesting prior authorization from AESA before starting the project.
The exemption is temporary in nature: it is valid until the aeronautical easements of Vigo airport set in RD 2278/1986 are updated. When that update occurs, conditions may change.
Economic and operational impact
The most direct impact is the reduction in administrative time and costs in the project processing phase. Eliminating the prior agreement procedure with AESA means:
- Less waiting time to get project approval.
- Reduced risk of work stoppage due to delays in AESA's response.
- Simplification of the urban planning file with the Vigo City Council.
- Greater legal certainty for developers and investors: if the plot is in a green zone and the height does not exceed 45 meters, the exemption is directly applicable.
Economic risk appears if the exemption conditions are not met. The resolution expressly warns that non-compliance may result in revocation of the exemption and opening of a sanctioning procedure. This could imply work stoppage in progress and unforeseen legal and adaptation costs.
Who does it affect?
- Real estate developers with residential, commercial or industrial projects in the municipality of Vigo.
- Construction companies that execute works in Vigo and need to verify whether their projects require AESA authorization or not.
- Land owners in Vigo who are planning urban developments.
- Architects and technical firms that draft projects in the municipality and must determine the documentation necessary for the license.
- Urban managers and legal advisors who process building permits in Vigo.
- Real estate investors who evaluate the feasibility of projects in the municipality.
It does not affect projects located outside the municipality of Vigo, nor constructions in zones not marked in green, nor the installations expressly excluded (water reservoirs, landfills, industrial chimneys and large-scale solar plants).
Practical example
A developer plans to build a residential building of 12 floors (approximately 36 meters in height) on a plot in the municipality of Vigo. Before July 27, 2026, the technical team had to request from AESA the prior agreement on aeronautical easements and wait for its resolution before proceeding with the building permit.
Since the entry into force of this resolution, if the plot is marked in green on AESA's official plans and the height of the building does not exceed 45 meters, the developer can directly process the building permit with the Vigo City Council without needing that prior procedure with AESA. The process is simplified and timelines are shortened.
On the other hand, if that same developer wanted to install a large-scale solar plant on the building's roof, that specific installation would continue to require prior authorization from AESA, as it is expressly excluded from the exemption.
What should companies do now?
- Verify the location of each plot on AESA's official plans: check if your land is marked in green on the official cartography for the municipality of Vigo. Without that verification, you cannot apply the exemption.
- Confirm that the projected height does not exceed 45 meters: this is the maximum limit to benefit from the exemption. If the project exceeds that height, it is still mandatory to request prior agreement from AESA.
- Review the type of installation: if the project includes water reservoirs, landfills, industrial chimneys or large-scale solar plants, those parts of the project continue to require ordinary authorization from AESA, even if the rest of the building is exempt.
- Update pending license files: if you have projects in progress that were pending AESA's prior agreement, verify if they can now benefit from the exemption and simplify the procedure.
- Document the application of the exemption in the file: keep evidence that the plot is in a green zone and that the height does not exceed the limit, to prove compliance with conditions in case of inspection.
- Monitor the update of RD 2278/1986: the exemption is temporary. When the aeronautical easements of Vigo airport are updated, conditions may change. Stay informed to avoid incurring in unforeseen non-compliance.
Frequently asked questions
How do I know if my plot in Vigo is in a green zone and can benefit from the exemption?
You must consult AESA's official plans for the municipality of Vigo, where exempt zones appear marked in green. If your plot is in that zone and the height of the project does not exceed 45 meters, you can apply the exemption without requesting prior agreement from AESA. If the plot does not appear in a green zone, the ordinary procedure continues to be mandatory.
What happens if I build in a green zone but exceed 45 meters in height?
If the height exceeds 45 meters, the exemption is not applicable even if the plot is in a green zone. In that case, you must request prior agreement from AESA through the ordinary procedure before starting the works. Building without that permission when it is mandatory can result in revocation of the exemption and opening of a sanctioning procedure.
Are rooftop solar plants excluded from the exemption in Vigo?
Yes. Large-scale solar plants are expressly excluded from the exemption, along with water reservoirs, landfills and industrial chimneys. These installations continue to require prior authorization from AESA through the ordinary procedure, regardless of whether the main building is in a green zone and does not exceed 45 meters.
Until when is this exemption valid for building in Vigo without AESA permission?
The exemption is valid until the aeronautical easements of Vigo airport set in Royal Decree 2278/1986 are updated. It does not have a fixed expiration date, but when that regulatory update occurs, conditions may change. It is advisable to monitor any modification of RD 2278/1986.
What are the consequences of failing to comply with the exemption conditions?
Non-compliance with the conditions established in the resolution can result in two consequences: revocation of the exemption and opening of a sanctioning procedure. This could imply work stoppage in progress and unforeseen legal and adaptation costs for the developer or builder.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only 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-2026-16332