Development Rights
"Development rights" are the rights permitted to a parcel under zoning respecting permissible use, area, density, bulk, or height, and may be quantified using measures such as area, floor area ratios, density factors, or height limits. NYS Town Law and Village Law provide detailed statutory frameworks allowing municipalities to implement transfers of development rights with sending and receiving districts.
- Where it applies
- NYS; NYC (via zoning tools)
- When it comes up
- Entitlement strategy; air rights/TDR transactions; massing
- Property types
- All; most visible in dense urban and conservation contexts
In practice
Development rights are both "quantity" and "governance": transferability, documentation, and district eligibility determine real economic value.
Read more in the Knowledge Base
- Air Rights and Development Potential - Identifying Hidden Value in Low-Rise AcquisitionsBuyers
- Agricultural Property and Farmland Sales in New YorkSellers
- Selling a NYC Townhouse: Strategy, Pricing, and Unique RisksSellers
Related terms
Zoning and Land Use
- Air Rights
- Area Variance
- As-of-right Development
- Authorization
- Base Height
- Base Plane
- Board of Standards and Appeals (BSA)
- Building Envelope
- Bulk
- Certification
General information, not legal, tax or financial advice.