Construction Works in Burgos Without Prior Aeronautical Procedure: What Changes in 2026

Key data

If you have construction or urban development projects in the municipal term of Burgos, one of the procedures that could most delay your timelines has just disappeared: the request for prior agreement on aeronautical easements with the State Agency for Air Safety (AESA). The Resolution of April 30, 2026 from AESA, published in the BOE on May 25, 2026, establishes this exemption expressly for the entire municipality.

The change is relevant because it directly affects the administrative timelines and costs of any project that, until now, had to go through that prior filter before obtaining the corresponding permits.

What does this regulation establish?

Aeronautical easements are restrictions that regulations impose on land use and maximum construction heights in areas near airports or air navigation facilities. Their objective is to ensure the safety of air operations, preventing buildings, cranes, antennas or other structures from interfering with flight procedures.

Until now, any developer or builder who wanted to develop a project in the municipal term of Burgos affected by these easements had to request a prior agreement from AESA before starting the process of obtaining licenses. This procedure added time and management to the process, with the risk of delays if AESA required additional documentation or issued conditional reports.

The approved resolution eliminates that obligation for Burgos. As of April 30, 2026, projects in this municipality are exempt from requesting such prior agreement from AESA.

What does not change: the exemption is exclusively procedural. The height and use limitations established by applicable aeronautical regulations remain fully in force. This is not a liberalization of permitted heights, but a simplification of the administrative process.

Economic and operational impact

The elimination of the prior agreement procedure has a direct impact on two key variables for any developer or builder: time and management cost.

• Reduction in timelines: The request for prior agreement from AESA could introduce weeks or months of waiting in the permit obtaining process, depending on the organization's workload and project complexity. By eliminating this step, projects in Burgos can move faster toward the municipal licensing phase.
• Lower administrative cost: Preparing and managing the request for prior agreement involves technical and legal time. The exemption reduces that burden for developers, builders and the Burgos City Council itself.
• Greater predictability: Without the uncertainty of a prior procedure with AESA, projects gain in timeline predictability, which facilitates financial and contractual planning.
• No change in technical risk: Height and use restrictions remain the same. The project must continue to comply with aeronautical regulations; only the step of requesting prior validation disappears.

Who does it affect?

This resolution affects all agents who develop or plan construction or installation activities in the municipal term of Burgos:

• Real estate developers with residential, commercial or industrial projects in Burgos
• Construction companies that execute works in the municipality
• Landowners who are evaluating the development of their plots
• Burgos City Council in its function of processing urban licenses
• Architecture firms and technical studies that manage projects in the municipality
• Legal and urban planning advisors who accompany permit obtaining processes in Burgos

Practical example

A real estate developer plans to develop a residential complex on a plot in the municipal term of Burgos located in an area with active aeronautical easements. Before this resolution, the process required submitting a request for prior agreement to AESA, attaching the technical documentation of the project and waiting for the organization's response before being able to proceed with the application for a construction license with the City Council.

With the exemption in force as of April 30, 2026, that developer can go directly to the Burgos City Council with their project, without needing to go through AESA's prior filter. The project must still respect the maximum heights allowed by aeronautical regulations, but the technical team can verify that compliance internally without waiting for external validation from AESA.

The practical result: a more agile process, with fewer parallel procedures and greater control over project timelines.

What should companies do now?

1. Review projects in progress in Burgos: If you have works or developments in processing in the municipal term of Burgos that had initiated or planned the request for prior agreement to AESA, verify with your legal team if that procedure can now be omitted given that the exemption entered into force on April 30, 2026.
2. Update internal license management procedures: Permit processing departments should eliminate the step of requesting from AESA from their workflows for projects in Burgos, avoiding unnecessary procedures.
3. Verify compliance with height and use restrictions: The exemption does not eliminate aeronautical limitations. Ensure that the technical team verifies that the project respects the maximum heights allowed according to applicable aeronautical regulations before submitting the municipal license application.
4. Inform affected clients and partners: If you advise developers or landowners in Burgos, communicate this change to them. It can have direct impact on their timelines and project planning.
5. Consult a qualified professional for complex projects: In projects of great height or with special technical characteristics, it is advisable to validate with an advisor specialized in aeronautical regulations that the exemption applies in their specific case and that the project complies with all current restrictions.