Mixed-Use Developments: Air Space vs. Strata

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A growing number of developments are combining both commercial and residential space within the same building – there may be grocery stores, restaurants and offices on the lower levels of a building, and several floors of residential apartments directly above them. With this sort of combination, a typical concern is how the commercial space can keep its autonomy from the residential portion of the building, while matters of mutual concern can still be addressed.

There are two main methods by which developers may organize a mixed use building to ensure that there is separation between its residential and commercial components. One is through the use of air space subdivision, while the other is through the creation of separate sections within the same strata corporation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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