Who owns the air rights above a property?
In Australia, the owner of the land generally owns the airspace above it — up to the height that can reasonably be used and enjoyed. Who controls that space depends on how the property is held.
Houses and single-title land
If you own a freestanding house or a whole building on one title, the air rights above it are yours, subject to council planning controls such as the height limit and floor space ratio.
Strata buildings
In a strata scheme, the airspace above the roof is usually common property, owned by all lot owners together through the owners corporation. No single owner can sell or develop it alone. Developing it typically needs a resolution of the owners and, where lots or common property change, a strata plan amendment.
Airspace can be its own lot
- NSW — stratum (cubic) lots can define a three-dimensional space, registered with NSW Land Registry Services; strata development is governed by the Strata Schemes Development Act 2015.
- Victoria — the Subdivision Act 1988 allows airspace to be subdivided into separate lots.
- Queensland — volumetric subdivision creates lots defined by height and depth as well as area.
Limits on air rights
Ownership doesn't mean unlimited height. Council planning rules, heritage controls, aviation limits near airports and neighbours' rights all apply. Aircraft flying high overhead don't trespass on your airspace.
Tendered, not sold
On Airspace Connect, owners keep their air rights and tender them for a joint venture. A partner funds and builds the new space, and owners share the benefit. This guide is general information, not legal advice — speak to a property lawyer about your title.