Right to Light Insurance

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.

Building a development that infringes someone’s right to light could result in significant damages and even demolition.

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 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.

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:

• Grant by expression – the right is written specifically in the title deed provisions, lease or transfer
• Grant by implication – the underlying rationale is to confer the right, although this is not expressly stated
• By prescription – the right is accrued over a 20-year uninterrupted period of enjoyment (Prescription Act 1832)

There are several options available to a developer to manage their liability and address right to light infringement:

• Take no action
• Issuance of a light obstruction notice
• Neighbourly discussion
• Local authority appropriation
• Right to light insurance

Read our article on Right to Light Explained, request a quote online or call us on 01732 755 477.

Yes, we can offer legal indemnity cover.