Right-to-light is an issue regularly in the commercial property news. Ignoring any obvious puns about being in the dark, recent right-to-light stories have left the industry uncertain of the responsibilities they have to consider when designing and building commercial property in the UK. In Leeds, a developer had to tear down part of an office development after a judge ruled it had breached a neighbour’s right-to-light. In London, construction of the Walkie-Talkie tower was put on hold after lawyers expressed concern over the possible right-to-light infringements this iconic commercial property was committing.
Dating back to the 1800s, right-to-light states that anyone continuously owning a property for twenty years or more, which has received natural light throughout that period, is entitled to block any construction threatening that light.
Still avoiding puns about shedding light on the matter, the Law Commission has announced its intention to update right-to-light regulations to address the uncertainty. This is part of a four-year project, the Eleventh Programme, which will cast a legal eye on fourteen areas ripe for reform.
The chair of the commission said ‘Each area of law we will examine in the Eleventh Programme has been identified as being flawed and at risk of creating confusion and injustice. Each demands review and reform.’
Immediate change is not expected; a consultation paper is said to be planned for 2013. If the commission and government then agree further work is necessary, a final report will be scheduled, with a draft bill, reportedly in late 2014 or into 2015. Nothing moves fast when it comes to reforms of this nature.
However, with the commission stating the intention to assess ‘whether this area of law correctly balances a right to receive light against the right of neighbours affected by it to develop their land … including examining the relationship with planning law and the range of remedies available where a right is interfered with’, at least it seems there is right-to-light at the end of the tunnel for commercial property professionals (OK, just one pun, I couldn’t help myself!).
