Yes, you legally own the airspace above your property and can extend upwards to a reasonable point, with some local authorities allowing you to develop up to 500 feet and others 1,000 feet.

There are two types of airspace:

The lower stratum: This is the airspace above and around your home and your land. Anyone who interfered with this would be considered a trespasser, whether it is building something that encroaches on your land or your rooftop or placing a billboard or sign if you are based in the city.

The higher stratum: The higher stratum is the height above your property that is reasonably acceptable, implying that you can legally extend and build above your property up to a certain point. When it reaches 500 feet or more, the owner does not have rights to the upper stratum. 

Do I Own The Airspace Around My House?

Yes, you own the airspace around your house, such as the rooftop and above and any land that you have such as your garden. The exact terminology is that you have the right to the airspace above your land located in the lower stratum.

Do I Own The Airspace Above My Garden?

Yes, you have rights to the lower stratum of your garden meaning that you can build on it if you would like to, such as building an outhouse, additional property, office or gym – however this could be subject to planning permission depending on size and how it impacts the noise and sunlight of your neighbours.

The Role of Freeholders and Leaseholders in Owning Airspace

The freeholder of the property is the one who ultimately owns the property and its airspace. This could be sold to a collective group of leaseholders, which is common for a group of flats. The freehold can also be sold to private individuals and companies. Read our guide here about who owns the airspace of a property.

What Can I Do With My Airspace?

If you are the owner of your airspace, you have the opportunity to develop or build on top of it.

In 2019, the UK government changed laws to allow the construction of up to two storeys on existing buildings without the need for planning permission, because it falls under permitted development.

Develop your home – If it is your home, you have the option to build additional bedrooms, living space, bathrooms, gyms, offices and more.

Develop your block of flats – For a residential block of flats, you have an opportunity to add additional floors and rooms which could be rented out to tenants to generate more income and also increase the value of the property. You might want to improve the living spaces for your tenants by adding amenities such as bike sheds, gyms, social areas or more.

Develop your commercial building – If you have an office block, there is an opportunity to build up and add more offices or amenities for your tenants. In a sought after location, there is an exciting prospect to increase rental revenues and the overall value of the property.

Sell it to a developer – Airspace is becoming incredibly sought after by developers and investors. The opportunity to build additional floors and homes with no or limited planning permission is very appealing. Especially if you are located in a good area or dense area such as London where there is limited supply, the selling of your airspace could be very valuable.

Developing airspace is seen as being very sustainable and good for the UK housing crisis. By essentially building up, you are reducing the need to build on green belt land and in today’s world, a lot of construction can be manufactured off-site and almost fit onto the buildings like a puzzle. With less legal hurdles, the overall build is very sustainable, fast and cost-effective.

Would You Like To Discuss Airspace Development Finance?

Whilst a lot of lenders stay away from the complexities of airspace development loans, KP Finance has an excellent track record in this space and would be delighted to discuss your requirements and discuss a deal that could be structured for you. 

For more information, please contact the KP Finance team by phone on +44203 488 1128 or email the team at enquiries@kpfinance.co.uk