About Air Rights

Air Rights refer to the ‘air space’ above a property which could be used to further develop it. This could involve the extension of a current dwelling, the creation of an entirely new apartment or the development of several new properties.

In recent years, it has become apparent that there is substantial opportunity to utilise air space in London due to both a housing and land shortage, with a lack of availability of more ‘straight-forward’ sites. Air Rights developments simply provide an opportunity to build new homes above existing properties.

The development of technology, specifically with regards to materials and construction techniques, also means that Air Rights developments can now be produced with greater ease and cost efficiency.

The benefit to the Freeholder

Usually, the owner of the freehold of a property containing air space will own the air rights above. Subject to planning permission, these air rights can be sold or leased to enable the construction of Air Rights developments, which enable the construction of an additional property, or number or properties above. In general, this can allow a substantial payment to the freeholder and add meaningful value to the wider property through the refurbishment of key elements, subject to the agreement with the developer. This can include, though is not limited to, the following:

  • Improvements to the facade
  • Improvements to the roof area which will eliminate future maintenance costs
  • Better insulation and energy efficiency
  • Upgraded access points such as stairwells or lifts
  • Updated entrance hall
  • Painting, carpeting and flooring to communal areas
  • Pro-rata contribution to service charge costs
  • Additional ground rent
  • Window and door replacements

Contact us

If you feel you may have an air rights development opportunity, please get in touch with our specialist team who will be happy to carry out an initial consultation.

 Please send me information on other developments.