Rights of light: Law Commission recommendations published
This article was produced by Nabarro LLP, which joined CMS on 1 May 2017.
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.
The Commission has also decided not to abolish prescriptive rights of light, but does recommend extending the powers of the Lands Chamber to discharge or modify a right of light. Finally, the Commission recommends that a right of light should be abandoned if it has not been used for five years.
All in all, this is a thorough and intelligent review of this complicated area of law.
The recommendations go some way to achieving the Commission's aims and will give some comfort to developers that – in some areas – the process of dealing with rights of light is set to become easier.
Contact us to discuss how these proposed changes may impact on you.
Click here for our alert on the 2013 consultation.
