THE ULTIMATE KNOWLEDGE BASE

The BKREA Market Intelligence

Plain-English answers on zoning, air rights, development value, and selling — written for owners, not lawyers.

Glossary

Highest and Best Use (HBU)

Highest and best use is the legally permissible, physically possible, financially feasible, and maximally productive use of a property that generates the highest value for the land. In NYC, HBU analysis means understanding use groups (residential, commercial, and manufacturing) and FAR, which sets the maximum you're allowed to build. Inclusionary housing adds another layer: if you're willing to include affordable units, you can unlock additional FAR. HBU figures out how a building can reach its maximum potential. The owner and the developer are looking at the same site but asking completely different questions. Owners are trying to maximize the value of their property, and developers are trying to maximize what they can spend. A misunderstanding people have about HBU is that it is a fixed price. It is not. Market trends, zoning changes, and interest rates all influence the HBU of your land.

Example:

The site: A Brooklyn lot, 5,000 square feet, zoned to a FAR of 3.0. Maximum buildable: 5,000 × 3.0 = 15,000 square feet

The owner's view: The building generates $120,000 a year in rent. At a 7% cap rate: $120,000 / 0.07 = $1.7 million.

The developer's view: 15,000 square feet of condos at $700/sf = $10.5M in revenue. Subtract construction, soft costs, and profit ($7.5M), and the land value is $3 million.