The flight right allows you to build a house on the terrace

▷ The flight right allows you to build a house on the terrace

According to studies, few people know what the right to fly is, and even less that allows you to build on the terraces of buildings.

Large cities have few free spaces or terraces to build and, if available, their value can be very high due to its central location. That is why cities tend to expand across the city, approaching between municipalities.

From Site and Field we propose a solution, the right to fly to build a community terrace for private use.

It is the municipalities themselves who establish the maximum height of construction in the buildings. If a builder has built more floors than is due, it is said that it is out of order and does not comply with the norm, but if it is below the floors that the law allows to build, it is said that the building is under-edited and, by Therefore, more plants can be built on it and there is a right to fly over the plants.

The flight right may be constituted in any type of building, be it a residential building, offices, industrial buildings, etc.

a quien pertenece el derecho de vuelo

Who owns the flight right?

The owner or the owners of the building have the property of that right of flight, and can decide if they wish to sell it, but it is always advisable that it be done under the advice of professionals such as architects and lawyers.

The specialists will write a contract that clarifies who or who are the owners of the flight right, as well as the construction project to be carried out, the amount of the expense and who will assume it.

Flight right objective

The objective of the right to fly is to increase a floor to a house or building that already exists, or build a rooftop terrace. And this process needs a previous project or architectural study since it is necessary to evaluate the urban, technical and economic viability, the current structure of the building, its state, among other aspects within the study of the building.

The material with which the building or houses are constructed is analyzed in case it is necessary to reinforce it, on the other hand, the building may need to waterproof the terrace. And that is where it will be reconsidered if a light construction is carried out or if a floor is built in the building, if the facade is to be rehabilitated, if the facade is preserved or if the entire building is demolished.

The style of the new construction can be modern, in the same line of the current building or an industrialized architecture.

que es el derecho de vuelo

New terrace construction viability

When assessing the feasibility of the flight right, it is necessary to study the accessibility to it, since it must have access to the street and an elevator will be necessary, so perhaps if this does not exist the installation of an elevator is not technically possible or very expensive, the building must be accessible and otherwise the building must be made accessible.

Building on a terrace can have its advantages, especially if the value of the area in which the building is located is high and, therefore, high profitability will be achieved.

normativa derecho de vuelo

Requirements that affect the Horizontal Property Law to the right of flight in Spain

The requirements of art. 16.2 HR that intervene are: a) The determination of the quotas that correspond to the new plants or the norms for their establishment (the quotas will be fixed “in attention to the constructed surface”), and d) The norms of the community regime , if noted, in the case of construction.

However, the Supreme Court repealed some articles within the requirements of the Horizontal Property Law, the following: b) Determination of the maximum number of plants to be built and c) Maximum period of exercise of the right of flight, which may not exceed 10 years.

From Site and Field, a company specialized in building reforms and international construction we take care of the construction on the roof of the houses, replace the roof with a terrace, or to raise a floor in a building.

We execute the complete project, from the application for licenses, the architectural study and the actual realization of the work. Each of our projects to raise a floor is studied to solve the needs of our customers, always respecting the building regulations.

If you want more information you can contact us through our contact page, or visit our Attic Lovers page where we expand information on build on terrace.