Law Commission Report On Rights To Light

The Law Commission (the Commission) has published its much anticipated report following its 2013 consultation on rights to light. The report is considered and detailed and makes a number of key recommendations that will impact on this fundamental issue of law for developers, adjoining owners, surveyors and solicitors.

Rights to light has accelerated to the top of developers' key concerns when considering a potential development. In light of Regan v. Paul [2006] Civ 1391 and HKRUK II (CHC) Limited v. Heaney EWHC 2245 (Ch), rights to light suddenly evolved from something that could be dealt with by exchange of a reasonable sum of money to something that was preventing development from occurring, due either to the real risk of injunction or else the threat of damages based on a percentage of development profit arising from the offending part of the scheme (based on Tamares (Vincent Square) Limited v. Fairpoint Properties (Vincent Square) Limited [2007] EWHC 212