Property Rights Law

Airspace Rights for Landlords UK

Airspace rights: Bernstein v Skyviews [1978] QB 479 (landowner's airspace extends to height necessary for ordinary use and enjoyment — not unlimited altitude); trespass to airspace below that height; Electronic Communications Code (Sch 3A CA 2003 as inserted by DEA 2017) — 'no scheme' valuation (Code para 24; Cornerstone v Compton Beauchamp [2022] UKSC 18); PSTI 2022 upgrade rights; oversailing crane (trespass — Anchor Brewhouse v Berkley House [1987]; licence fee); advertising hoardings (Advertisement Regulations 2007; planning permission); rooftop permitted development rights (GPDO 2015 as amended); Civil Aviation Act 1982 s.76 (aircraft overflying at reasonable heights).

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026airspace-rightstelecomselectronic-communications-codecrane-oversailing

The Bernstein Principle

Bernstein of Leigh v Skyviews and General Ltd [1978] QB 479: landowner's airspace rights extend to the height necessary for ordinary use and enjoyment of land and structures — not unlimited altitude. Civil Aviation Act 1982 s.76: aircraft flying at reasonable heights complying with Air Navigation Orders cannot be sued for trespass to airspace. Within the zone of ordinary use: structures, plant, antennae, rooftop installations, external advertising are all within the landlord's airspace rights.

Electronic Communications Code

Electronic Communications Code (Sch 3A CA 2003; inserted by DEA 2017): code operators can install telecoms apparatus on/under/over land — by agreement or Upper Tribunal order. 'No scheme' valuation (Code para 24): consideration assessed without the fact that land is suitable for telecoms — significantly lower rents than pre-2017; confirmed in Cornerstone v Compton Beauchamp [2022] UKSC 18. PSTI 2022: enhanced upgrade and sharing rights — landlords have less ability to refuse upgrades. Negotiate initial code agreement terms carefully.

Oversailing Cranes

Anchor Brewhouse v Berkley House [1987]: crane jib oversailing neighbouring property's airspace is a trespass — even if nothing physically touches the building. Landlord can seek injunction (strong leverage) or negotiate oversailing licence fee. Commercially: developer needs licence to avoid construction halt — landlord in strong negotiating position. Licence terms: specify duration; crane operator insurance; indemnity for any physical damage; access for inspection.

Advertising and Signage

Airspace above the building (external walls, roof) can be licenced for advertising hoardings — passive income. Planning permission required under Advertisement Regulations 2007 (Town and Country Planning (Control of Advertisements) (England) Regulations 2007) — deemed consent only for Category A/B small signs. Conservation Area and Listed Buildings: additional restrictions. Check title for restrictions on external advertising before granting licences.

Rooftop Development

Permitted development rights: GPDO 2015 (as amended) allows additional storeys on some residential and commercial buildings — prior approval from LPA required. Rooftop PV panels, plant equipment, or structural additions: check planning requirements; Building Regulations compliance; structural engineer assessment of existing load-bearing capacity. Title restrictions: check own title and any superior lease for restrictions on rooftop alterations.

Frequently asked questions

How high does a landlord's airspace ownership extend?+

Under Bernstein v Skyviews [1978], a landowner's airspace rights extend to the height necessary for ordinary use and enjoyment of the land and structures on it — not to unlimited altitude. Aircraft and commercial drones at operational heights are not trespassing (Civil Aviation Act 1982 s.76). Within the zone of ordinary use, the landlord has full property rights.

Is a crane oversailing my property a trespass?+

Yes — Anchor Brewhouse v Berkley House [1987] confirmed that a crane jib swinging over a neighbouring property's airspace is a trespass even if nothing physically touches the building. The landowner can seek an injunction or negotiate an oversailing licence fee. The threat of injunction gives significant negotiating leverage.

What rights do telecoms operators have on my roof?+

Code operators have rights under the Electronic Communications Code (Sch 3A CA 2003) to install apparatus by agreement or Upper Tribunal order. Compensation is on a 'no scheme' basis (Code para 24), giving operators leverage on price. Negotiate initial terms carefully — they are difficult to improve once a code agreement is in place.

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