How do you simply explain as-of-right?

As-of-right means your proposed construction or renovation is in compliance with existing zoning rules and requires no special approvals — they can proceed to the Department of Buildings for permits. It is the fastest and most predictable path to building in NYC.

What approvals do I need for an as-of-right development?

An as-of-right development requires you to secure construction permits directly from the NYC Department of Buildings (DOB) by complying with existing zoning laws. The DOB reviews plans administratively for code compliance, typically bypassing the lengthy public review process or City Planning Commission approvals.

What can I build as-of-right on my property?

Whatever your zoning district permits by use, size, and bulk — as long as the plans comply with FAR limits, height caps, setback rules, and yard requirements. A residential R6 lot, for example, permits residential construction up to the district's FAR without any discretionary approval.

Is an as-of-right development faster than a development that requires special approval?

Yes — as-of-right projects skip the Uniform Land Use Review Procedure (ULURP), which is a public approval process that typically takes 7 to 12 months and involves the community board, borough president, City Planning Commission, and City Council. As-of-right projects proceed directly to DOB permit review, cutting a good chunk of time off a project timeline.

Did NYC City of Yes change what qualifies as an as-of-right?

Yes — the City of Yes for Housing Opportunity text amendment, adopted in December 2024, expanded the range of development that qualifies as as-of-right citywide, allowing for a wider range of residential conversions in eligible buildings.

Can an as-of-right development change without my knowledge?

Yes — the city can strip away your as-of-right development rights without individual notification through a comprehensive neighborhood rezoning or text amendment. Owners must actively monitor the NYC Department of City Planning calendar to protect their development potential before new restrictive zoning maps are officially enacted.

What's the difference between as-of-right and by-right development?

They mean the same thing — both refer to development that complies with existing zoning and requires no discretionary approval beyond a standard building permit. By-right is the term more commonly used in other states; as-of-right is the standard NYC term.

If I own a building that's as-of-right, does that mean I can build immediately?

Not immediately — as-of-right means no discretionary approvals are needed, but you still need DOB permit approval, which requires filing complete architectural and engineering plans that demonstrate full zoning compliance. DOB review times currently run from a few weeks for smaller projects and several months for larger projects.

Edge Case: If my building is located in a special-purpose district in NYC, does that affect as-of-right development?

Yes — NYC's special purpose districts, such as the Special Hudson Yards District, layer additional use, bulk, and design rules on top of the base zoning that can restrict or modify what qualifies as as-of-right. A project that would be fully as-of-right in a standard zoning district often requires a special permit or design review in a special purpose district.