As-of-right development is when a project conforms to existing zoning rules and requires no variance, special permit, or discretionary approval to move forward.

In NYC, as-of-right projects are reviewed solely by the Department of Buildings against the Zoning Resolution (no public review, no community board vote, no City Planning Commission hearing). Discretionary approvals like variances or special permits can add 12–24 months and significant cost to a project. City of Yes for Housing Opportunity (December 2024) expanded as-of-right eligibility, allowing certain office-to-residential conversions and transit-zone infill projects that previously required discretionary review.

For developers, as-of-right means certainty. A permit cannot be blocked by community opposition or agency discretion, which reduces risk, lowers financing costs, and shortens timelines. Most owners assume any large project requires a lengthy public process, but most development on correctly zoned sites moves forward entirely as-of-right.

If your property is properly zoned, a developer may not need anyone's permission to build.

Example: A developer acquires a lot in an R7A district to build a 40-unit residential building within FAR, height, and setback limits. There is no variance, no special permit, no public hearing, just a building permit and a shovel.