Rights of light: hugely important reforms proposed by the Law Commission

This article was produced by Nabarro LLP, which joined CMS on 1 May 2017.

Summary and implications

The Law Commission has today published a Consultation Paper containing its recommendations for reforming the law on rights of light.

The Law Commission’s proposals

The Commission is proposing the following changes to the current law:

• Existing prescription will be abolished as a way of acquiring a right of light. This reform will not affect rights of light which have already been acquired, but it will no longer be possible to acquire new rights of light by prescription.
• A statutory test, setting out when a court can award damages instead of an injunction.
• A statutory notice procedure requiring someone with the benefit of a right of light to clarify early on whether they intend to apply to court for an injunction.
• The power for the Lands Chamber to extinguish existing rights of light which are obsolete or have no practical benefit.

The Law Commission is also seeking views on three additional areas

• Whether there is too much uncertainty about the test for when an obstruction of light is actionable.
• Whether the current law on damages for infringing a right of light should be reformed.
• Whether there should be reform of the law on abandonment of a right of light.

It is vital for developers, owners and occupiers to have their say on these proposed reforms and the Consultation closes on 16 May 2013.

To respond to the Consultation, email propertylawandtrust@lawcommission.gsi.gov.uk