Sellsius real estate marketing blog

Cuius est solum, ejus est usque ad caelum et ad inferos (to whoever owns the land shall belong the earth to its center and up to the heavens)

Here’s a unique way to create a home: buy roof and air rights and build up.

The roof and air rights may belong to separate owners. It is therefore important to hire an experienced real estate lawyer to make sure the rights are properly transferred from the seller(s). You will also need an appraiser to value the rights. Finally, you’ll need an experienced architect and engineer to get you through the Kafkaesque Building Department red tape. If you are able to bring all the pieces together, you can create a spectacular home like Lucy Musgrave and Zad Rogers of London, England, who built their home above a warehouse (pictured above/below).

So where do you find roof rights and air rights? The usual suspects are penthouse and loft owners in co-op and condo buildings. But don’t overlook lots, churches, warehouses, factories. [Developers have often purchased air rights from neighboring historic buildings or land to build higher up on their buildings. (see an example of the transfer of development rights (TDR) here) ]

Contact a real estate broker or agent experienced in selling roof and air rights. Can anyone recommend one? Here’s a unique niche a professional can master to rise above the crowd.

Property Shark.com lets you search for air rights (air rights info requires subscription).

Here’s a penthouse on craigslist with roof rights.

Photo credits: Gavin Jackson Arcaid (NYT)

Further Reading on Air Rights, Roof Rights and TDR:

With Patience, a Family of 6 Builds Up (The New York Times)
Field Guide to Transfer of Development Rights (Realtor.com)
Air Rights: Making Deals out of Thin Air (The Real Deal)
Through the Roof (NYT)
Ask Curbed: What’s My Roof Worth (Curbed)

Technorati Tags: roof rights, air rights, developer, buyer, seller, property shark, real estate, broker, agent