Air Rights Development

Air rights development is the use or sale of space above a property for new construction, maximizing land value in dense urban areas.

Air Rights Development

September 29, 2025


What is Air Rights Development?

Air rights development is the sale, lease, or use of the space above a property for construction or expansion. Common in urban centres, it allows new buildings to be constructed above existing structures such as railways, highways, or low-rise buildings.

Why Air Rights Development Matters in Real Estate

Air rights development matters in real estate because it maximizes land use in dense areas, creates new development opportunities, and generates revenue for property owners. It is particularly valuable in cities with limited land availability.

Example of Air Rights Development in Action

A developer purchases air rights above a downtown parking garage to build a high-rise condo tower, while the garage remains operational at ground level.

Key Takeaways

  • Homes designed for accessibility and inclusivity.
  • Supports aging-in-place and long-term usability.
  • Increases property value by broadening buyer appeal.
  • Incorporates barrier-free and flexible design features.
  • Growing demand as populations age.

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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