BUILD ON TERRACE, FLIGHT rIGHT, RAISE A FLOOR IN A HOUSE
BUILDING ON TERRACE, WE ARE ATICO LOVERS
Site & Field complement the consolidated entrants through the creation, renovation and remodeling of upper floors in existing buildings of outstanding cities, since building on terrace offers real estate developers and end customers the possibility of investing and purchasing luxury apartments at competitive prices in privileged locations.
We collaborate with professionals who know and love cities perfectly without compromising the existing architecture and respecting the environment. Our penthouses are generally located in old and emblematic buildings where we take advantage of their remaining construction capacity and the wasted roof to transform spaces and create sustainable ecosystems in a sustainable manner.
Site & Field designs and builds projects in coordination with experts in planning and heritage that comply with local regulations and involve lawyers and communication professionals throughout the process.
ADVANTAGES OF VERTICAL CONSTRUCTION OR LIFTING A FLOOR IN A HOUSE
If you need to raise a floor in an existing house you will be assaulted many doubts, if it is legal, if you can do it, how much it costs to build on built. Get in touch with us, explain your case and we will offer you a series of solutions that are sure to convince you. At Site & Field we always provide solutions to complex problems.
RESPECTFUL TOWARDS THE ENVIRONMENT
DO YOU KNOW WHAT THE FLIGHT RIGHT OF A BUILDING MEANS?
Currently, the issue of construction, building and land is a really complicated issue in the country.
However, there are other types of constructions that are barely known and that can be the solution to the current problem of building, and those answers give us the right to fly.
FLIGHT RIGHT AND SUBSOIL DEFINITION
The buildings flight right is the license that an owner acquires in order to elevate one or several floors on a building already built, or to perform works in the subsoil. This one will have acquired the property of the built.
It is a real right over something completely foreign. The owner can be a person completely alien to the building, it does not have to be part of the owners of the building.
This one will not have total freedom on the construction of the plants, since all the municipalities of the state detail the number of plants that can be gotten to construct in each urban plot. Few plots have the exact plants they should have, in the case of having more plants it is a building outside of planning, which is in breach of current urban planning regulations.
TO WHOM DOES THE FLIGHT RIGHT BELONG?
The flight right belongs in principle to the owners of the building, which have the right to build the missing floors, but can also belong to a single owner or owner of the property.
As we said, it is a real right and can be sold at any time and to anyone outside the building.
FLIGHT RIGHT REGULATION
In Spain, the regulation is detailed in Article 16.2 of the Mortgage Regulations, which states:
The right to elevate one or more floors on a building or the construction of buildings under its floor, making the resulting buildings their own, without constituting a surface right, the owner reserves in case of alienation of all or part of the property, or transmit to a third party, it will be registrable according to the norms of section 3 of article 8 of the Law and its concordants. In the inscription it will be stated:
- The quotas determination that corresponds to the new plants or the norms for their establishment (for example: that such quotas will be fixed “in attention to the constructed surface”),
Determination of the maximum number of plants to be built (it seems in this regard that the determination requirement would be met, even without specifying the number of plants that the Municipal Ordinances allow, provided that a certain period is also added.
The maximum period for exercising the right of flight may not exceed 10 years.
The rules of the community regime, if indicated, in the case of construction.
Sections b) and c) were repealed by the Supreme Court, considering that the maximum number of plants that can be built is an ordinance that belongs to the urban planning in force at the time. In the case of the establishment of a maximum term, the Court considers that a limitation of these characteristics must be established by a norm with the rank of Law and not by a regulation.
IS IT PROFITABLE TO PURCHASE THE FLIGHT RIGHT OF A BUILDING?
As in the purchase of a piece of land, the profitability of the flight right of a building will depend on multiple factors:
- The building structure: Make sure that new plants can be built in the building. We must also assess the materials with which the building, concrete, wood …
The value of the land in the area: The more value the land of the most expensive and profitable area will have, the right to flight will be.
Patrimonial protection: depending on the degree of this the flight right can be seriously affected. If the building is located in the center of the city it is very likely that it will not be possible to extend the building.
If we do not take into account these factors it is possible that the acquisition of the flight right of a building is a resounding failure.
Following these guidelines will ensure that your flight right becomes a resounding success. If you need to know more about the right to fly or want to build a construction of this size has the best in the sector, has Site and Field.
FLIGHT RIGHT OR SURFACE RIGHT
It is common to confuse these two concepts, one of the most notable differences is that the owner of the surface right is a temporary owner, while in the case of the right of flight, the owner is permanently.
- Surface Right: it is the limited real right on another property that gives the property separated from the constructions or plantations.
Flight Right: it is the real right on a building plot, in which it is possible to build on a building already built.