Real Estate: How a right to light claim can prevent development
Right to light claims can cause major problems for property developers, from halting development plans to causing financial losses. The right to light law is not something you should forget or skip in the planning process.
So, if you want to find out how to avoid a claim, keep reading below.
What is a right to light claim?
A right to light claim gives property owners the authority to receive light through an opening, such as windows, skylights or glass roofs in their homes and buildings. As a property developer, you are not allowed to block the light of neighbouring buildings without consent. For example, you would not be allowed to construct a new building if it significantly blocked the light of neighbouring properties in any way.
The right to light law applies to private properties that have had windows in place for 20 years or more. This means that it cannot be applied to land that has not been built on, such as gardens or fields. For a claim to be successful, evidence must be presented that a building has become notably less comfortable as a result of a reduction in light.
What are the risks and implications of receiving a right to light claim?
The risks and implications of receiving a right to light claim need to be considered very early on in a project, ideally in the pre-planning stage. If you fail to consider the rights to light law, this could result in the following losses.
- The construction could be halted
- The development could be prevented entirely
- The plans could be cut back or significantly altered
- The building could be destroyed
- You could face substantial compensation claims
- You could receive costly legal fees
You may also find that your reputation is impacted as a result of failing to arrange a survey prior to construction. Overall, failing to consider the right to light law could lead to a lot of wasted time, money and resources.
How you can avoid a right to light claim with insurance
The last thing you want to happen as a developer is to receive a claim, which can allow your neighbour to prevent further work through an injunction or be entitled to substantial damage costs. However, right to light insurance can help to protect you against these claims.
This insurance works by providing protection against any financial consequences and losses that might arise. Usually, this insurance can also factor in legal or professional fees, as well as additional costs of work or diminution in value. A right to light indemnity policy will respond to third party claims, negotiating with injured parties as soon as notification is made to prevent costly delay, thus expediting matters and allowing the project to proceed.
Right to light insurance can be tailored to individual developments and should be considered as part of your overall risk management strategy. As these claims can significantly reduce the profitability of a project, the insurance is a highly valuable investment.
