Want to build a deck/room on roof - How do I find out about air rights?
Hi, I am in the process of speaking with an architect to draw up plans for a roof deck or preferable an extra room on the roof (not the entire roof, maybe 2/3). How do I find out if I have air rights? If not, can I still build a deck or room? Thanks.
Hi,
I am in the process of speaking with an architect to draw up plans for a roof deck or preferable an extra room on the roof (not the entire roof, maybe 2/3). How do I find out if I have air rights? If not, can I still build a deck or room?
Thanks.
You need to do a zoning analysis to see if there is any FAR to use to add the room. If you own the building, then you own the air. If a condo or coop than you will need to buy the right to build the deck. Same with the FAR.
R7-2 is pretty high density, usually meaning a lot of available square footage. There’s a good chance you can add on, but yes, your architect needs to do some research.
As for that landmark process, I’ll take a guess and say you’re in the south slope. We’ve had a project or two run into that. Last I checked, there was no scheduled vote on the ratification of that proposal. The last job we filed there was held up in the DOB for a mandatory 40 (business) day waiting period. We could have filed with Landmarks to short cut the 40 days, but decided to save the fees and wait it out. We just got the permit today, 41 business days after filing at the DOB.
Thanks BE. So, next step would be to have a survey and zoning analysis done? Is this something done on-site or can somebody do it if I provide them with the right information? Also, what steps are involved to get plans drawn up and filed? The room I am looking for would not require any plumbing, but possibly an electrical outlet.
Thanks.
If you want to find out if have sufficient area for an extra room or deck it depends on what is built. A roof deck is not considered floor area so in general you can take that as granted in terms of FAR allowance.
An extra room will need to comply woth zoning floor area so you need a survey to be able to do a zoning analysis.
Cheers JimHill. We are in the process of obtaining roof rights, so hopefully all OK on that front. However, the attorney who is drawing up the paperwork to amend the bylaws and declaration wanted to make sure we have sufficient rights to even build a roof deck or extra room. Just trying to look out for us I guess.
Our zoning is currently R7-2 and for the time being is non landmarked/historic. Although, as far as I know the latter is in the process of being changed (hence me wanting to get drawings approved asap).
Typically, there are “air rights” and “roof rights”. Air rights is what developers buy from a small building when developing a tall building next door. Roof rights are granted, or not, by your co-op, allowing you to build on the roof, providing zoning allows.
If neither of those is what you mean, then you’re talking about whether or not zoning would allow for the additional height and area. Your architect should be able to answer that.
Just to add, I looked on Acris and under Parcels -> AIR RIGHTS it has N.
In that case who does own the air rights and can we still build a roof deck or extra room up there?
Thanks.