Right to Light Insurance

We have the expertise to tailor bespoke right to light insurance to suit your development's specific requirements.

  • Right to light insurance terms at competitive premiums
  • Cover on either a ‘Wait and see’ or ‘Agreed conduct’ basis
  • UK-based support

Call us on 01732 755 477 or request a quote online.

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Why choose right to light insurance with Towergate?

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Right to light cover for legal costs

Our policies can cover legal costs in addressing claims against your business, settlements or damages awarded, demolition or rebuilding costs and any loss in land value.

 

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Specialised right to light insurance

Our experts can tailor policies to your business’ specific needs

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Community engagement

Our policies can allow a developer to actively engage with the local community and demonstrate good conduct

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Cover for financial losses due to right to light

Reassurance that there is a strategy to minimise financial losses, if needed.

About right to light insurance

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Right to light indemnity cover

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.

Liability

Managing the risk of right to light issues

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
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‘Wait and see’ basis right to light insurance

We can offer ‘Wait and see’ basis right to light insurance - which does not allow any contact with neighbouring injured properties, but provides full indemnity for any claim up to the limit of indemnity (usually the GDV).

Accidental Damage

‘Agreed conduct’ basis right to light insurance

‘Agreed conduct’ basis right to light insurance allows developers to approach injured parties and negotiate away their rights. The policy would be subject to an excess to cover those compensatory payments but would pay out should negotiations surpass the excess figure or if matters progress beyond discussions into Court proceedings.

When you need to make a claim, we'll guide you through the process and get your claim settled as quickly as possible.

  • Find your insurance documents and make sure you have all your information at hand, including your policy number.
  • Call the claims team on the number in your policy document and explain exactly what happened.
  • Provide photos if requested to help us understand what happened as quickly as we can.
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  • Fill in our online quote form or call us
  • Purchase your policy
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Right to light insurance FAQs

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.

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