The Law Commission published its long awaited recommendations on reform to the ancient ‘rights to light’ regime on the 4^th December 2014, following its consultation in May 2013.

However according to law firm Winckworth Sherwood, the recommendations are unlikely to make it on to the statute books until after next year’s General Election.

Charlotte Colman, a senior associate in the Property Litigation team at Winckworth Sherwood, said: “The rights to light legislation dates back to the early 1600s, when people worked by candlelight and the right to natural daylight needed protection. The rules are out-of-date and in urgent need of review following a spate of recent case law.

“These recommendations will be broadly welcomed by developers introducing a greater degree of certainty ensuring a fairer balance between the competing interests of land owners and developers.”

Whilst the proposals may not go as far as some developers would like, they will be broadly welcomed as they remove some of the uncertainty that threatens new development.

The recommendations include:

• A new statutory test to determine when the courts may order damages rather than requiring a developer to halt or demolish a development.
• A statutory notice procedure whereby developers can serve notice on neighbours requiring them to obtain any injunction within an eight month notice period
• The ability to acquire a right to light by prescription, by receiving light through a window for 20 years, is retained, but new streamlined rules replace the current legislation on such acquisition.
• A presumption that rights to light will have been abandoned if they have not been exercised for five or more years, for example a window being bricked-up.
• Giving the Lands Chamber of the Upper Tribunal the powers to discharge or modify obsolete or unused rights to light.

Colman said: “Pressures on parliamentary time are considerable, with the Christmas recess and the General Election drawing close. It is highly unlikely that these recommendations will be enacted in this parliament’s lifetime and that will be a huge disappointment.”