Air rights are the rights to develop the empty space above a property site, which can be transferred to other parties. Zoning laws and aircraft regulations limit air rights, but they can be merged, leased, sold, or donated. Building codes and safety regulations also restrict development.
Air rights are rights to develop the empty space located above a physical property 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 property itself. In highly developed areas where the only possible direction is construction, air rights are a hot topic of conversation and debate as developers struggle to extend their projects while still staying within the confines of the zoning law.
Historically, landlords held essentially infinite property rights. As human societies developed and began to institute zoning laws, people began to be limited in terms of development, only being allowed to build up to a certain height, or by having their total area limited under zoning regulations. These laws may be implemented for safety reasons, to achieve aesthetic goals, and for other reasons. They limit air rights by restricting 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. Landlords do not control the airspace over their properties, otherwise planes would be in a constant state of encroachment. Instead, regulatory agencies control airspace and determine how planes use airspace to keep air travel safe and efficient. Limiting control over airspace is a bone of contention in some regions, especially at airports.
When people buy real estate, they usually buy the rights that go with it. Leaseholding and renting also entitle some people, depending on the nature of the contract that goes 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 the 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 grants of rights to maintain the space above these buildings without development.
Air rights are not unlimited. Building codes restrict not only the number of people involved in development, but also the nature of that development. Controlling space on property does not give people the right to develop what they want there, and people must also comply with safety regulations when making new developments. It was designed to promote public health and safety by standardizing construction in order to limit the risk of collapses, fires and other preventable disasters.
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