Legal Rights of Light Analysis
Recent court cases have highlighted the importance of dealing with this issue as early as possible as a court is able to impose an injunction on a developer even after the building has been completed. This can mean that the obstruction would have to be reduced in height or potentially significant compensation payments made to the affected neighbour.
The standards used to show a legal Right to Light injury are different to those used for planning purposes and therefore it’s important to be aware that planning approval does not automatically protect a developer from a subsequent legal claim.
Our Daylighting expertise mean that we are able to carry out the detailed evaluation work to determine if an ‘injury’ has been incurred. Because we are Members of the Royal Institution of Chartered Surveyors we are also able to quantify the financial ‘value’ of the loss if required.
As this is generally settled out of court we can also carry out the negotiations for our clients with the back up of our detailed analysis of the extent of the light loss.
To download our guide to Right to Light please click here.
For most projects we use 3D laser scanning to provide us with the level of detail required to undertake this type of work. This provides a more cost effective, accurate solution for larger projects.
Recent Law Commission Report
The Law Commission has been reviewing the law surrounding Rights to Light and have now issued their final report with their proposals on how the process could be simplified in the future.
We have produced a short leaflet on the key points and if you would like a copy please click here.
Boultbee Brooks Real Estate