As-of-right

As-of-right development is construction that complies with every applicable provision of the Zoning Resolution and building codes and therefore requires no discretionary land-use approval: the Department of Buildings reviews the plans for compliance and issues permits, with no public hearing, no vote, and no negotiated conditions. The overwhelming majority of construction in New York City proceeds this way.

The distinction between as-of-right and discretionary is the central risk variable in development underwriting. An as-of-right project's entitlement risk is limited to plan compliance; a project needing a variance, special permit, or rezoning takes on public process, time, political uncertainty, and potential conditions. 'What can be built here as-of-right?' is accordingly the first question of site analysis — it defines the floor beneath every negotiation.