The Law Commission has issued a consultation paper outlining a series of changes to the so-called “right to light” rules which protect the right from daylight being block by neighbouring developments, and which would make it easier for developers to build taller buildings.


Under the existing legislation developers run the risk of open-ended claims for financial compensation or even injunctions to demolish structures if it’s proved that building cuts a neighbour’s access to daylight.


Developers have claimed the open ended nature of the rules means they can effectively be held to ransom by neighbours who can hold out until after the construction of a property has been completed in order to maximise their compensation.


The risks have recently been highlighted by a high court case in which a five storey building in Leeds was ordered to be partly demolished as it infringed a neighbour’s access to daylight.


The Law Commission changes propose that Right to Light claimants should in future have the right to apply to a court within eight months of receiving notice that a development was taking place and failure to submit an application would mean a forfeiture of the right to apply for an injunction against a building infringing on their daylight.


James Souter, partner in the property litigation team at law firm Charles Russell Speechlys said the commission’s proposals went “some way clarifying when a right to light can be asserted and even out the balance between developers and those who feel their right to light has been infringed.”


“This ‘put up or shut up’ measure will bring security to a development industry which has lived in fear of receiving right to light injunctions which – in the most extreme cases – could force them to tear down already completed buildings.”


Ian Fletcher, director of policy at the British Property Federation argued that that commission’s proposals don’t go far enough whilst saying he was pleased they would still reduce the delays in right to light disputes. Fletcher urged the government to implement the commission’s proposals rapidly.

 

Changes to the right to light rules could have the positive impact on freeing up developers to create gtaller building in areas where housing would previously have been relatively low rise further helping to combat the housing crisis.