Rights to Light
There is a growing awareness of Rights to Light and the effect it can have on developments and neighbouring properties. As the density of our towns and cities grows it has never been more important to get advice on this subject early on to avoid costly delays and disputes arising. But arguably more important for our developer clients is the potential for maximising the scope of development.
A Right to Light is an easement where sky light is received over one property belonging to another that is protected by law. Should the level of light enjoyed be interfered with to an unreasonable degree, then a neighbour can pursue a claim leading to damages via compensation or worse, an injunction to stop construction or to take down the parts of the development causing the injury.
Our team are specialists in this field and can assist from site selection phase, working alongside the developer, their design team, their solicitors, their fund and their insurers in undertaking technical analysis and giving practical Risk Management advice. Using specialist industry standard software we undertake Rights to Light (EFZ) analysis, Cutback analysis and Envelope Studies based on 3D models.
As well as advising developers, we regularly act on behalf of neighbours to development from reviewing potential claims to representing them when engaging with fellow practitioners.