A new Rights of Light Protocol (the Protocol) has recently been launched to help pave the way for a more straightforward system for developers to follow with the aim of resolving potential rights to light issues on development projects swiftly and cost effectively. The launch of the Protocol applies where either:
- An owner (the Developer) wishes to extend or develop its property in a way that may infringe rights of light and wishes to resolve rights of light issues prior to commencing development; or
- An owner (the Adjoining Owner) believes that its rights of light may be infringed by a neighbouring development but has not yet been approached by the Developer to resolve rights of light issues.
The aim of the Protocol is to provide a process, which seeks to ensure that the Developer and the Adjoining Owner exchange information in a timely manner to minimise the scope for disputes between them and to enable any such disputes to be promptly resolved, keeping costs to a minimum. It assumes that, prior to embarking on the steps contemplated by the Protocol, the Developer will have engaged a suitably qualified or Royal Institution of Chartered Surveyors (RICS) registered rights of light surveyor (a Surveyor) or solicitor to act on its behalf. Each case is different, and there may be cases in which it is inappropriate for the parties to follow all or part of the Protocol. In particular, there may be circumstances in which a party is advised to issue court proceedings as a matter of urgency. In those cases, the parties should consider the extent to which they are nonetheless able to comply with the spirit of the Protocol without prejudicing their position, and they should endeavour to do so where reasonable. It is not the function of the Protocol to provide advice to the parties. Rights of light disputes frequently involve complex legal and technical issues and specialist advice should be sought. Where a Developer has (or is considering taking out) an insurance policy in respect of rights of light claims, then the terms of the policy should be studied carefully and specialist advice taken before taking any of the steps contemplated by the Protocol. Insurance has been a common way of addressing some rights of light issues, but as many neighbour-type issues have increasingly ended up in court proceedings, increasing premium prices, then this Protocol has come at a suitable time as other options are explored. This includes the parties involved negotiating rights of light releases, and the Protocol is helpful in advising on best practice. The RICS has incorporated the Protocol into the latest edition of the RICS Rights of Light Guidance Note (effective from 1 June 2024).
Originally published in Overriding Interest - Summer 2024, please click here to access the full edition of this newsletter.
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