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Legal Experts Explain CAA Aircraft Leasing Consultation

Legal Experts Explain CAA Aircraft Leasing Consultation
The UK Civil Aviation Authority (CAA) has initiated a call for evidence concerning aircraft leasing arrangements, with particular emphasis on the use of wet leasing by UK airlines. This consultation represents the first comprehensive review since 2015, a period marked by significant upheavals in the aviation sector, including Brexit, the Covid-19 pandemic, and the conflict in Ukraine. Legal experts from Burges Salmon—Chloe Challinor, Patrick Bettle, and William Bainbridge—stress that this consultation provides a critical opportunity for airlines, lessors, and other industry stakeholders to influence the future regulatory framework governing aircraft leasing.
Understanding Aircraft Leasing: Wet Lease and Dry Lease Models
Aircraft leasing remains a fundamental component of airline operations worldwide, with nearly half of commercial passenger aircraft globally being leased rather than owned outright. Wet leasing, also referred to as ACMI leasing (Aircraft, Crew, Maintenance, and Insurance), allows airlines to meet short- to medium-term capacity requirements, manage seasonal fluctuations, and respond to operational disruptions without incurring substantial capital expenditure. This leasing model has gained increased importance as operators face maintenance challenges and extended delivery delays from original equipment manufacturers (OEMs) for new aircraft and engines.
In contrast, the dry lease is the most common form of operating lease, where only the aircraft is provided without crew, maintenance, or insurance, typically under long-term agreements. Dry leases facilitate fleet expansion and are often crucial for new airlines seeking to obtain an Air Operator Certificate (AOC). A less frequent variant, the damp lease, permits airlines to deploy their own cabin crew, offering additional flexibility to rapidly increase capacity during peak demand periods.
UK Leasing Regulations and Approval Procedures
The regulatory framework governing aircraft leasing in the UK is shaped by a combination of domestic legislation and CAA guidance, much of which has been retained from previous EU regulations. UK carriers are required to secure CAA approval prior to entering into any leasing arrangements, whether wet or dry leases. Essential conditions include holding a valid UK AOC and Operating Licence, which may be granted if the carrier possesses at least one aircraft through ownership or a dry lease. Additionally, the airline’s Operations Manual must accurately reflect the intended leasing activities to ensure compliance.
Market Trends and International Perspectives
The CAA’s review coincides with a resurgence of confidence in the global aerospace market. Aircraft orders surged by 71% in January 2026, reflecting strong demand and optimism among industry participants. This recovery is prompting airlines and lessors to reevaluate their leasing strategies, particularly as supply chains are being reinforced to meet anticipated delivery schedules.
On the international stage, responses to leasing reforms are likely to be influenced by regional market dynamics. For instance, Brazil’s aviation sector, despite facing structural challenges and a disproportionate share of global passenger litigation, is regarded as a market with considerable growth potential. Azul’s CEO has highlighted Brazil’s expansion prospects, suggesting that competitors may seek to capitalise on emerging markets such as this as part of their broader leasing strategies.
Future Implications
The evidence collected through the CAA’s consultation will be instrumental in determining whether the current UK regulatory framework remains appropriate or requires reform. This process may lead to recommendations for changes or further consultations. As the aviation industry continues to adapt to shifting operational realities and evolving global market conditions, this review offers a timely opportunity for stakeholders to shape the future of aircraft leasing both within the UK and internationally.

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