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ARTICLE · 08 DECEMBER 2014

Rights Of Light: Law Commission Recommendations Published

Following last year's consultation, the Law Commission has just published its recommendations on reforming the law on rights of light.

United KingdomReal Estate and Construction

Following last year's consultation, the Law Commission (the Commission) has just published its recommendations on reforming the law on rights of light. 

The Commission acknowledges the need to balance a reform of the current law on rights of light, which can delay development and increase cost, with the value of retaining natural light in buildings and homes.

Two of the Commission's recommendations really stand out:

  • The proposed introduction of a new statutory test to be used by judges when they are deciding whether to award damages or an injunction.
  • A notice procedure which forces a landlord to commit to applying to court for an injunction within eight months, or settle for damages only.

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