Key data
| Regulation | Resolution of June 29, 2026, from the Directorate of the State Aviation Safety Agency (AESA) |
|---|---|
| Publication | July 27, 2026 |
| Entry into force | July 27, 2026 |
| Affected parties | Developers, contractors and owners executing works in the municipality of Madrid |
| Category | Regulatory Changes |
| Affected airports | Barajas and Cuatro Vientos |
| Maximum exempt height | 45 meters above ground |
| Validity | Until the current aeronautical easements of both airports are modified |
If you have construction projects in Madrid within the aeronautical easement areas of Barajas or Cuatro Vientos, this AESA resolution directly changes your processing flow. From July 27, 2026, works located in the "Exempt Zone" of the official maps and with a maximum height of 45 meters above ground are released from the prior agreement procedure with the State Aviation Safety Agency.
This means eliminating an administrative process that, in practice, added time and cost to any building or installation project in these areas. The regulatory reference is the Resolution of June 29, 2026 (BOE-A-2026-16333).
What does this regulation establish?
AESA grants an exemption from the prior agreement procedure for constructions, installations or plantations in the municipality of Madrid that meet two simultaneous conditions:
- Be located in an area identified as "Exempt Zone" in the official maps of the Madrid municipality affected by the aeronautical easements of Barajas and Cuatro Vientos.
- Not exceed a height of 45 meters above ground.
The exemption does not apply to the following types of installations, which continue to require the ordinary authorization procedure with AESA regardless of their location:
| Type of excluded installation | Reason for exclusion |
|---|---|
| Installations that attract wildlife | Risk of bird collision with aircraft |
| Installations that generate smoke | Reduction of visibility in airspace |
| Non-domestic solar plants | Produce glare that affects pilots |
Areas of the Madrid municipality that do not appear as "Exempt Zone" in the official maps continue to be subject to the ordinary authorization procedure with AESA, with no change from the previous situation.
The validity of this exemption is conditional: it will be maintained until the current aeronautical easements of the Barajas and Cuatro Vientos airports are modified. If those easements are reviewed, the exemption could become void or be modified.
Economic and operational impact
The prior agreement procedure with AESA involved, before this resolution, a consultation and waiting process that could extend the work start timelines by weeks or months, with the financial cost that entails for any developer or contractor.
The elimination of this procedure in exempt zones has a direct operational impact:
- Reduction of timelines: The waiting time associated with requesting and resolving the prior agreement with AESA is eliminated.
- Reduction of administrative costs: Fewer procedures, documentation and follow-up with the regulatory body.
- Greater legal certainty: Projects in "Exempt Zone" below 45 m can proceed without depending on a discretionary AESA resolution.
- Residual risk: Non-compliance with the exemption conditions (exceeding 45 m, being located outside exempt zone or being an excluded installation) may result in revocation and sanctioning procedure.
Who does it affect?
- Real estate developers with projects in the municipality of Madrid within the easement areas of Barajas or Cuatro Vientos.
- Construction companies executing works in those areas, both residential and tertiary or industrial buildings.
- Land owners planning to build, install infrastructure or carry out plantations in areas affected by aeronautical easements.
- Architecture firms and urban management offices processing licenses and permits in Madrid.
- Solar energy companies (non-domestic plants): are excluded from the exemption and must continue requesting authorization from AESA.
- Waste management companies or activities that attract wildlife: equally excluded from the exemption.
Practical example
A developer plans to build a tertiary use building of 12 floors and 38 meters high on a plot in the Madrid municipality located within the aeronautical easement area of Barajas. The plot appears identified as "Exempt Zone" in AESA's official maps.
Before 27/07/2026: The developer had to request prior agreement from AESA, wait for the resolution and, only after obtaining it favorably, continue with the urban planning procedure.
From 27/07/2026: By meeting the two conditions —location in "Exempt Zone" and height below 45 m—, the developer is exempt from that procedure. It can proceed directly with the municipal license processing without needing AESA's prior agreement.
If that same project included a large-scale roof solar installation (non-domestic solar plant), that specific installation would continue to require AESA authorization, although the rest of the building is exempt.
What should companies do now?
- Verify the project location in AESA's official maps: Check if the plot or parcel appears as "Exempt Zone" in the official cartography of the Madrid municipality affected by the aeronautical easements of Barajas and Cuatro Vientos.
- Confirm that the height does not exceed 45 meters above ground: The exemption only applies below this limit. If the project exceeds that height, the prior agreement procedure remains mandatory.
- Review the type of installation: If the project includes installations that attract wildlife, generate smoke or non-domestic solar plants, those parts of the project are outside the exemption and require ordinary authorization from AESA.
- Update internal processing procedures: License management teams and architecture firms should incorporate this exemption into their checklists, avoiding requesting procedures that are no longer necessary and speeding up timelines.
- Document compliance with conditions: Keep evidence that the project meets the exemption requirements (official map proving the exempt zone, project height). In case of inspection or sanctioning procedure, this documentation is your support.
- Monitor possible changes in aeronautical easements: The exemption has indefinite validity but is conditional on the aeronautical easements of Barajas and Cuatro Vientos not being modified. If they are reviewed, the exemption may become void.
Frequently asked questions
What works in Madrid no longer need prior AESA permission?
Constructions, installations or plantations located in areas identified as "Exempt Zone" in the official maps of the Madrid municipality, as long as they do not exceed 45 meters in height above ground. This exemption applies in the area affected by the aeronautical easements of the Barajas and Cuatro Vientos airports, effective from July 27, 2026.
What installations are excluded from the AESA exemption in Madrid?
Excluded from the exemption and continuing to require ordinary authorization from AESA are: installations that attract wildlife, those that generate smoke and non-domestic solar plants (for producing glare). These installations must process the prior agreement regardless of their location on the aeronautical map.
How long is this AESA exemption valid for Madrid?
The exemption has indefinite validity, but is conditional: it will remain in force until the current aeronautical easements of the Barajas and Cuatro Vientos airports are modified. If those easements are reviewed or updated, the exemption could become void or be modified.
What happens if I build in an exempt zone but exceed 45 meters?
If the construction exceeds 45 meters above ground, the exemption does not apply even if the plot is in "Exempt Zone". In that case, it remains mandatory to request prior agreement from AESA. Non-compliance with the exemption conditions may result in revocation and sanctioning procedure.
How do I know if my plot in Madrid is in "Exempt Zone" according to AESA?
You must consult the official maps of the Madrid municipality published by AESA, which specifically identify the exempt zones within the area affected by the aeronautical easements of Barajas and Cuatro Vientos. The resolution was published in the BOE on July 27, 2026 with reference BOE-A-2026-16333.
Official source
Consult complete regulation in official source
Notice: This article is merely informative 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-2026-16333