Is the sky the limit for rooftop and airspace developments?
The buzz around rooftop and airspace development has peaked once again and this appears to be a hot topic wherever you go. Airspace and rooftop development has attracted significant interest over recent years and has been considered as a potential solution, in particular, to London’s housing crisis.
From our own experience of acting for developers, landlords and investment funds, we are aware that many are considering this as an innovative and creative way in which to maximise the potential for development and a way to create more housing.
What you need to consider
Whether a building is suitable for airspace and rooftop development will depend on a number of factors and each building must be carefully considered and investigated on its own merits. Just because further development may be viable on one building, it does not mean that the adjoining building will also be viable.
The considerations that you need to take into account range from practical considerations (such as, whether the existing building is suitable for development and whether it can sustain the pressure of further layers), to planning and other legal issues.
Some of the legal issues that you need to consider are:
- any existing restrictive covenants;
- ownership and rights over the roof space and/or airspace;
- maintenance obligations;
- rights to light and more.
If you have any queries in relation to airspace and rooftop development, whether as a developer, landlord, investment funder or a leaseholder/adjoining owner being affected by a development, please contact Yezdan Izzet in our Real Estate Litigation team on 020 7288 4737 or email at YezdanIzzet@boltburdon.co.uk. Alternatively please contact one of our Airspace and Rooftop Development Team.
Additionally, on 29 October we are hosting a conference where our dedicated team will share some of their technical expertise, industry knowledge and commercial insight to understand the specific issues, constraints and opportunities necessary to deliver your Rooftop and Airspace Development.
If you are interested attending please send the team an e-mail by clicking here.