The right to air implies the ability to control the space above your land. It has been known to us since the days of the ancient Romans, where it was first defined. In those days it was said that a citizen, in addition to a piece of land, also belongs to the space under and above him, from heaven to hell. One of the examples of the application of this law in our time can be considered the airspace of states, the height of which is approximately 21 km.
Today the term “right to air” is used in the construction of buildings and structures. This is, first of all, about the construction of skyscrapers in densely built-up areas of American cities. For example, in New York, the airspace a developer is entitled to is limited to 35 floors. Therefore, it is illegal to erect buildings above this level. Although looking at the skyscrapers of Manhattan you cannot say that - they are clearly above 35 floors. But their owners do not violate anything, and all thanks to an interesting way of circumventing this restriction: they simply buy the right to "undeveloped" air from the owners of neighboring plots.
For example, if a 15-storey building is built on a land plot that borders yours, then you can ask its owner to sell his right to 20 “free” floors. After such a deal takes place, you will have a legal basis to build a 55-storey skyscraper on your site.
Here, however, you can only buy free airspace from your neighbors. However, if they have nothing to offer you, they can buy free air rights from their neighbors and sell it to you. This "chain-by-chain" purchase scheme makes it possible to buy up almost all free air rights in the district.
Why is it needed
What is the point in restrictions, and most importantly, in the ability to sell and buy air? It is very simple: if everyone builds "as necessary", then the building density will be terrible - windows into windows, a complete lack of light on the first floors, as well as the streets of the city. The well-known Moscow City serves as a vivid example of the lack of strict control over the "right to air" and the space between skyscrapers.
Of course, the house of the New York "jungle" cannot be an ideal example, since the city grew, changed, rebuilt and rebuilt, old buildings were demolished, and new skyscrapers were erected in their place. Actually, there is a law on the "right to air" and allowed not to turn the city into a shapeless heap of glass and concrete. But Dubai is an interesting case. There, from the very beginning, the distances between the skyscrapers were well thought out, and even with a relatively dense building, the skyscrapers were erected in a checkerboard pattern, which made it possible to maintain a good view from the windows and the illumination of the tracks.
A bit of history
The first such transactions were carried out at the beginning of the 20th century, when the usual steam locomotives quickly replaced electric locomotives, as a result of which it became possible to lay part of the rail tracks underground, and transfer the vacated ground space to construction companies. This is exactly how the Grand Central Station in New York was built at the beginning of the twentieth century. The Great Central Terminal was erected over the railway station. And the place above the tracks soon became one of the most important streets of New York, built up with luxury residential and office real estate - Park Avenue.
