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Air rights: Up in the air?
You may have heard the term "air rights," and it may even immediately make sense that such a thing exists in the city of skyscrapers and square footage squabbles.

The term "air rights" actually refers to development rights ot the unused space above a building. Development rights generally refer to the maximum amount of floor area permissable on a zoning lot. The difference between the maximum permitted floor area and actual floor area is referred to as "unused development rights." Rights to currently-unused areas (like the ones above a building) are often described as air rights. A transfer of development rights allows for the transfer of unused development rights from one zoning lot to another contiguous lot.

In Manhattan, developers may often have only one option when looking for space: up. Air rights allow them to build taller buildings by purchasing the space over low-scale buildings and transferring it—at least on paper—to unused space atop the buildings next door. In the case of a landmarked building, the air rights must first be approved by the Landmarks Preservation Commission and then can be very difficult to transfer or change because of the building's landmark status. But, in certain circumstances, New York City's Zoning Code allows the owner of a landmarked building to offset the cost of private ownership of a landmark property by selling development rights to unused space.

A recent controversy over air rights concerns Pritzker Prize-winning architect Jean Nouvel's tower, known as Tower Verre, which is planned to rise next to the Museum of Modern Art on West 53rd Street. Its construction would involve the transfer of air rights from St. Thomas Episcopal Church on Fifth Avenue at 53rd Street, and the University Club at 1 West 54th Street. The two landmarked buildings have applied successfully to the Landmarks Preservation Commission for approval to sell their air rights to accomodate the tower. The tower's developers still require approval from the City Planning Commission and the City Council to proceed. Many residents oppose the tower, claiming that its 75 stories and mid-block placement would be out of character for the location. The City Planning Commission and the City Council have yet to make a decision on the building.

Find out more from the Zoning Handbook from the New York City Department of Planning: http://www.nyc.gov/html/dcp/html/subcats/zoning.shtml