Flying is about freedom, but once the landing gear touches the ground – or when we want to build a place where it can touch it – we enter a world of strict regulations. Many investors don’t realize that the physical existence of a tarmac runway doesn’t automatically mean they have an airport.
First, let's look at a classic example from practice, where projects often fail:
"You have an approved runway for takeoff and landing of aircraft (aeronautical construction), but until you obtain a permit to operate the airport from the Civil Aviation Authority, not a single aircraft may land on or take off from it. The aeronautical construction is standing, but we do not yet have an airport."
Why is that? Because airport a aviation construction are two different concepts, governed by different laws and falling under different authorities. And it is in the gap between these two regimes that the most costly mistakes occur.
Beware of Airport Areas: A Warning for Developers and Solar Parks
This point is important not only for those who build airports, but also for the owners of neighboring land. protection zoneswhich can dramatically devalue your investment plans.
Protection zones are created by general measures and impose significant restrictions on neighboring land. It's not just about building heights. If you're planning a development near an airport, be especially careful about:
- Construction ban in certain zones,
- Building height restrictions,
- Protection against false lights and glare – this is a crucial point for photovoltaic power plantswhose panels can dazzle pilots.
- Restrictions for high voltage overhead lines or laser devices.
Before you start drawing a project for a solar park, apartment building or wind farm within sight of an airport, it is necessary to check whether you will encounter an invisible wall of aviation regulations.
New in 2024: The end of the old order and the rise of DESÚ
Od 1. 1. 2024 a fundamental change has occurred. The former Aviation Construction Authority has been transferred to the newly established Transport and Energy Building Office (hereinafter "DESÚ).
This change confirms the trend of increasing bureaucracy. Civil aviation constructions belong to the group of so-called reserved buildings, which means the strictest building regime. If you want to build, be prepared to have to provide evidence of:
- Joint Environmental Statement (JES),
- Mandatory supervision of the designer during construction,
- Project documentation and construction log keeping (electronically for larger orders).
Moreover, in the approval procedure, DESÚ not only assesses the quality of the concrete, but also directly the suitability of the construction in terms of air traffic safety.
The track is not the same as traffic
While you deal with the construction with DESÚ, you deal with the operation with the Civil Aviation Authority (ÚCL). The ÚCL decides on the type of airport after a strict assessment of compliance with the Technical and Operational Conditions, which include everything from navigation services to passenger facilities.
The authority will examine whether you have airport service, operating hours, or even rescue and fire services. Without meeting these conditions, your runway will remain just an expensive piece of asphalt in a field.
Save yourself wasted investments
Construction and commissioning of aviation facilities requires meeting the conditions of two different and complex legal regimes aviation a construction.
Before you break ground, buy land near the airport, or start planning a solar park, contact us. We will guide you through the process from the zoning plan to the final permit from the Customs Office. Consult your plan in advance - it's cheaper than dealing with a stopped construction project.
A more detailed version of this article can be found on the portal epravo.cz.
Are you planning to build an "airport" or "airport buildings"? Are you solving another problem related to building regulations at or around the airport? We will help you!
JUDr. Ing. Jan Vych, attorney and partner
