Building a development that infringes someone’s right to light could result in significant damages and even demolition. At Towergate, we have the expertise to assist in tailoring bespoke right to light insurance to suit the specific requirements of your development, whilst obtaining terms at competitive premiums.
A right to light is an easement granted to a freeholder (or leaseholder or tenant, by assignment) which grants them the legal right to enjoy a reasonable amount of natural light to a building. This isn’t acquired automatically by a property owner, but there are various methods by which it can be acquired. The most common is through continuous enjoyment of light through a defined aperture for at least 20 years.
Where the owner has acquired this right, if a new building restricts the light, causing it to fall below the acceptable level, then the development could be considered an obstruction to their right to light. The right attaches to the apertures of the building themselves, and – as long as the position of those apertures stays the same – it remains with those apertures even if the original building is demolished and another new building is developed in its place.
Nearby development of new or existing property can cause an infringement to the level of light received by neighbouring buildings, an infringement which is actionable and can be enforced through the courts (even if planning permission has already been approved by the local authority).
Nearby development of new or existing property can cause an infringement to the level of light received by neighbouring buildings, an infringement which is actionable and can be enforced through the courts (even if planning permission has already been approved by the local authority).
An enforceable right to light can be acquired in several ways:
There are several options available to a developer to manage their liability and address right to light infringement:
An indemnity insurance policy is seen by many developers as the most effective way to manage the risks inherent to rights to light. By obtaining tailored terms, a greater level of accuracy of budgeting and profit assessment can be achieved, and lender risk concerns can be satisfied.
The policy can be structured in two ways;
To avoid any uncertainty and ensure your developments are not brought down by neighbouring properties’ right to light, consider a bespoke rights to light policy.
Alternatively, call Dafydd Jonathan on 029 2044 5278.
We can also offer wider legal indemnity insurance, including specialist advice and right of light indemnity cover, for real estate law firms and their clients.