What is highest and best use?
Highest and best use is the reasonably probable use of a property that is legally permissible, physically possible, financially feasible, and maximally productive. Every appraisal resolves it before reaching value, because it determines what is being valued, and getting it wrong produces a number that is internally consistent and entirely wrong.
The four tests, applied in order
The sequence matters. Each test filters the candidates that survive to the next, and applying them out of order produces conclusions that fail on a criterion already passed.
- Legally permissible. What does zoning, the general plan, deed restriction, easement, or existing lease actually allow? Where a rezoning is realistically obtainable, its probability, cost, and timeline can be considered, but as a probability, not an assumption.
- Physically possible. Size, shape, topography, soil conditions, access, and utility capacity. A parcel zoned for a use it cannot physically accommodate fails here.
- Financially feasible. Of the uses passing both prior tests, which would produce a return sufficient to justify development or conversion? This is where most theoretically attractive uses fall away. The numbers frequently do not support them at current costs.
- Maximally productive. Among the financially feasible uses, the one producing the highest value. That is the highest and best use.
As vacant, and as improved
The analysis is performed twice: once treating the site as though vacant, and once considering the existing improvements. The comparison between them drives a practical conclusion about what should happen to the property.
Where the improvements contribute value beyond the cost of removing them, they remain. Where the site as vacant is worth more than the improved property, the improvements have become an interim use and their contribution may be negative, demolition is a cost the buyer bears. This is the analytical basis for identifying a redevelopment site, and it is why an aging building on a well-located parcel can be worth substantially more than its income suggests.
Where it changes the answer
The conclusion is not academic. It determines which comparable sales are relevant, which approach governs, and frequently the magnitude of the value itself.
- A property at an interim use should be valued against sales of comparable redevelopment sites, not against buildings of its current type, different comparables, different answer.
- In condemnation, highest and best use frames just compensation. Valuing a property at its current use when a more productive use was reasonably probable understates what the owner is owed.
- In estate and gift work the analysis must reflect conditions as of the date of death or gift, not conditions today. A use that became feasible afterwards is not relevant to that valuation.
- For property tax appeal, an assessment premised on a use the property cannot legally or physically achieve is a substantive ground for challenge.
Common questions
Who determines highest and best use?
What if a property is not at its highest and best use?
Can highest and best use change over time?
Does highest and best use assume the most profitable use imaginable?
Related reading
Next step
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Typical commercial fees range $2,000–$4,000. Residential and simpler assignments quote lower. Every engagement is quoted in advance, so the figure is known before work begins.
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