In UK real estate, ‘rights of light’ can significantly impact development projects. In fact, recent cases like Cooper v Ludgate House Limited highlight the challenges developers can face when existing properties claim their right to natural light.
The High Court’s decision in this case, involving the Bankside Yards development, demonstrates just how important it is to address rights of light early in real estate development.
Understanding rights of light
In short, the right to light is a UK easement that ensures properties have access to natural light through their windows. This means, if a property has had an unobstructed natural light for 20 years or longer, it is protected from obstructions created by new developments.
Additionally, if a new development significantly reduces the light that reaches a property, then the owner may be entitled to an injunction or compensation. For developers, this can prove very costly, especially if compensation claims are awarded.
Legal precedents and developer considerations
The previously mentioned court case, Cooper v Ludgate House Limited, has set a very important precedent for developers. That’s because rather than halt development due to light infringement, the court instead granted financial compensation.
With this new precedent in place, it’s more important than ever for property developers to ensure that their new projects properly assess the rights of light early in the process. Since financial compensation can easily cost several thousand pounds, it can drastically reduce your profit margin, or even make your development unaffordable.
Mitigating risks in development projects
The best way to ensure your development doesn’t breach the right of light is to conduct daylight assessments as early as possible. Using certain tools and 3D modelling software, you can create accurate representations of a project and predict any potential problems.
In turn, this can let you adjust designs or even negotiate with property owners ahead of time. By taking swift action early on in the process, you can more easily prevent costs from becoming unmanageable and ensure success for your housing development project.
Consulting with real estate lawyers
Of course, it can be confusing to navigate the complexities of rights to light, which is why we recommend working with experienced real estate lawyers. These experts can offer you tailored advice designed to help you assess potential issues, manage risks, and provide legal strategies.
By working with a professional from the beginning, you are much more likely to complete your project without issue.
(0) comments
We welcome your comments
Log In
Post a comment as Guest
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.