A right of light gives a landowner the certainty that the natural light their property receives cannot be significantly interfered with, without their consent. This law has a significant bearing on many, especially those investing in real estate development.

Now the Law Commission consultation on this area has come to an end, investors are waiting anxiously to know whether they can press ahead with building large developments, where they are currently forbidden. So what can we expect from the outcome of the rights of light consultation and what impact will it have? Is it possible to reach a middle ground where both occupiers and developers can be satisfied, bringing the law into a modern context and ensuring its relevance in the current property climate?

What is the problem?
Anyone looking to fund development projects of any size in towns and cities should consider rights of light seriously before investing. It has become increasingly difficult for developers to make realistic provision for the costs of a right of light claim, because case law has created uncertainty about whether a neighbour will be able to get an injunction and/or claim damages.