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System on air space utilization within Urban Planning Law

Selected Papers of The Jurist (法学家), Volume 5

Xiao Jun

The system on air space utilization is an important part of Urban Planning Law. The air right, the right to utilize a certain space above the earth’s surface, is legislated in many countries and provides a basic foundation for utilizing air space. With the social development in China, the air right is merged into Urban Planning Law. Regarding current practices, there are mainly three forms of air space utilization, i.e. artificial foundation, transfer of floor area ratio and floor area ratio awards. They are gradually instituted through precedents and laws such as Urban Planning Law, Building Standards Law and Cultural Relics Conservation Law. The main content of the system on air space utilization from the perspective of urban space law includes establishing an exceptional system on floor area ratio, imposing certain conditions and limitations and setting forth a system on special permits. Keywords: Air space utilization; urban planning law; air right; exceptional system on floor area ratio