Airspace Development - The Key Issues Explored for Property Professionals

Introduction

Airspace development has gained popularity over the past few years amongst developers and landowners alike, particularly since new permitted development rights (PDR) were introduced in 2020 allowing for the construction of up to two additional storeys of flats on top of some existing buildings, without the need for planning permission.

With housing supply remaining an ongoing challenge and high on the Government's agenda, airspace development could go some way in meeting demand for good quality housing, particularly in high density areas.

However, there are a number of practical and legal aspects that developers and landowners should be aware of before embarking on an airspace scheme which this webinar will consider.

What You Will Learn

This webinar will cover the following:

• A brief note on why airspace development is gaining popularity amongst developers and landowners
• Establishing who actually owns the airspace
• Section 5 of the Landlord and Tenant Act 1987 and what to consider - do notices need to be served on the existing flat tenants?
• Lender requirements - what they are likely to look for
• Planning considerations
• Construction considerations
• What rights are required to carry out the development?
• Rights of light and party wall matters
• Disposing of the newly constructed units and service charge going forward

This webinar was recorded on 9th February 2022