Air rights are the rights to develop the empty space above a physically owned site, which can be transferred to other parties. Zoning laws limit development, while regulatory agencies monitor airspace for aircraft safety. Air rights are not unlimited and must comply with building codes and safety regulations.
Air rights are rights to develop empty space above a physically owned site. As with other types of rights associated with real estate, it is possible to transfer these rights to other parties while retaining ownership of the real estate. In highly developed areas where the only viable direction to build lies, air rights are a hot topic of conversation and debate as developers struggle to extend their projects while staying within the confines of the zoning law.
Historically, owners have held essentially infinite property rights. As human societies developed and began to institute zoning laws, people began to be limited in terms of development by only being allowed to build to a certain height, or by having their total land area limited under zoning regulations. Such laws may be implemented for security reasons, to achieve aesthetic goals, and for other reasons. They restrict air rights by limiting what people can do with the empty space above their property.
Another complication that changed the way people thought about air rights was the development of aircraft. Property owners do not control the airspace on their properties, as otherwise the planes would be in a constant state of transgression. Instead, regulatory agencies monitor the airspace and dictate how planes use the airspace to keep air travel safe and efficient. Limiting control over airspace is a bone of contention in some regions, particularly around airports.
When people buy property, they usually buy the rights that go with it. Leasing and renting also entitle you to certain rights, depending on the nature of the deal that comes with the property. It is possible to merge lots to transfer air rights, as seen in some urban areas where people with unused air rights can merge with a neighboring lot and transfer rights that are not being used. Likewise, people can lease, sell or donate air rights to other parties. Historic buildings, for example, can be protected with rights donations to keep the space above these buildings undeveloped.
Air rights are not unlimited. Building codes limit not only how much development people can engage in, but the nature of that development. Controlling the space on the property does not give people the right to develop whatever they want there, and people also have to comply with safety regulations when making new developments. This is designed to promote public health and safety by standardizing constructions in order to limit the risk of collapse, fire and other preventable disasters.
Protect your devices with Threat Protection by NordVPN
