Airspace Rights
Learn about airspace rights in Canadian real estate — what they are, how they’re used, and their impact on property value.

August 01, 2025
What are Airspace Rights?
Airspace rights are the legal rights to control, use, or sell the space above a parcel of land, separate from the ownership of the land itself.
Why Airspace Rights Matter in Real Estate
In Canadian real estate, airspace rights can be a valuable asset in dense urban areas where vertical development potential exists.
Key facts:
- Can be sold, leased, or transferred independently
- Governed by municipal zoning and height restrictions
- Often leveraged to build upwards or develop bridges and overpasses
Understanding airspace rights allows property owners to maximize land value and development potential.
Example of Airspace Rights in Action
The developer acquired airspace rights from a neighbouring building to construct additional floors on their tower.
Key Takeaways
- Grants legal control over space above land
- Can be separated from land ownership
- Valuable in urban high-density markets
- Subject to local planning regulations
- Enhances property development opportunities









Via STOREYS Editorial team

An overview of the two Ravine buildings. (Newmark)
95 Clegg Road in Markham, Ontario. (Colliers)
95 Clegg Road (centre) in Markham, Ontario. (Colliers)
Small-scale infill share of housing starts in Toronto, Vancouver, and Edmonton/CMHC
Housing starts for one to eight unit developments/CMHC