Experience The Difference – Right To Light Policy Update
Right to light claims can stop developers in their tracks. They can frustrate major projects, make developments more expensive and create tension between residents and developers.
Neighbours can frustrate new developments and obtain court orders to prevent interferences with their rights to light. In some cases, these claims can destroy the viability of a development scheme or require significant alterations.
In recent years, several high profile cases have dealt with right to light. Although the Law Commission has recommended reforms to the law governing rights to light, the issue remains unclear and highly contentious.
Right to light insurance policies have evolved significantly over the last few years. These policies have historically prohibited developers from approaching a resident in any of the insured affected properties, unless the affected party makes a claim or expresses concern about the development.
More recently, policies have been amended to allow developers to approach affected parties to negotiate a deed of release, backed with the security of an insurance policy that covers against any insured losses over and above a policy excess.
This policy is attractive to developers, who will want to engage with neighbouring properties as early as possible.