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Development10 min readOctober 25, 2021

Air Rights Development: NYC Guide

Understanding air rights and transferable development rights in New York City.

Air rights represent unused development potential above existing buildings. In dense urban markets like NYC, air rights transactions can unlock significant value.

Key Concepts

  • Unused FAR and zoning lot assemblage
  • Transferable development rights (TDR) programs
  • Landmark transfer mechanisms
  • Inclusionary housing bonuses

Transaction Structures

Air rights transactions require careful structuring including easements, declarations, and DOB approvals. Legal expertise in NYC zoning is essential.

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