Aeronautics Authority Modifies Building Heights in Guatemala City: Key Industry Impacts

Alegalis - On October 21 of this year, the Director General of the General Directorate of Civil Aeronautics issued Resolution RES-DS-464-2025, in which he immediately REVOKED Administrative Resolution RES-DS-084-2020, issued on February 5, 2020, by the then Director General of Civil Aeronautics; this implies that the current height for zone 11 of Guatemala City, on the Internal Horizontal Surface, remains at 1551 meters above sea level and the Conical Surface defined with a slope of 5%. 

Rather than focusing on the legal process for revoking the Resolution authorizing the height increase, the justification for said Resolution is noteworthy. This justification states:

• It directly violates the provisions of the Civil Aviation Law by authorizing maximum heights that exceed the parameters established for obstacle limitation surfaces, in accordance with RAC 14, Section I, and the current International Standard;

• It lacks technical support to justify the modification and increase of the elevation to 1621 meters above sea level; 

• It allows for the continued approval of buildings below this elevation, which seriously compromises the operational safety of air navigation. 

Furthermore, the justification for the revocation contains opposing arguments. The resolution stipulated that any new applications and those currently being processed involving increased building heights within the obstacle limitation area must be DENIED. This contravenes all legal principles, as they should be evaluated according to the regulations in effect at the time of submission. Where does the principle of legal certainty stand? The principle of legality? 

Several legal issues need to be considered. Can an administrative resolution restrict private property? Is there retroactivity? Are the recommendations and guidelines of RAC 14 truly being violated? Were the airworthiness studies that supported the 2020 resolution flawed? Is this a political decision? 

    Guatemala is a country full of watersheds, which results in a challenging topography. Likewise, Guatemala City, with an international airport at its center, has other implications that limit aircraft height. However, the RAC 14 (Regional Air Navigation Code 14) clearly establishes guidelines regarding conical surfaces and internal and external horizontal surfaces. Above all, the international standard grants discretion to the competent authority of each country to create air navigation guidelines. In this case, given its geographical location, it is striking that maintaining the increased height in Zone 11 is considered to jeopardize airworthiness. The increased height has been in effect for five years, and in the media available to any citizen, there has been no complaint or incident that would lead us to conclude that this increased height poses a risk to navigation. 

We are living in a delicate time, where not even the shielding principle (existing in RAC 14) is being applied. This implies that projects will be limited to 1551 meters above sea level, reducing land density, increasing prices, and limiting access to decent housing for fewer people. 

    This resolution has a direct impact on the national economy, affecting not only ongoing projects but also those in the planning stages. It also impacts end buyers acting in good faith, without even considering the jobs that will be lost. There is no clear justification for this new resolution.