Rights of Light Insurance

Are you a property developer? If so, we can provide bespoke Rights of Light Insurance policies for property developments across Staffordshire and the West Midlands, or in fact anywhere in the United Kingdom! Find out more below:

 

What is the Right to Light?


Right to light refers to natural light illumination. It gives the property owner a right to maintain a level of natural light in their property. So for example you can’t build something that will deprive neighbouring properties of light.

According to RICS (the Royal Institution of Chartered Surveyors), a right to light may be acquired by ‘anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat, and without interruption for more than a year’. In your home, just over half the room should be lit by natural light and about half the room in a commercial building.

right-to-light

 

Why take out a Rights of Light Insurance policy?


The insurance policy is designed to protect property developers in cases where the owner has acquired this right and then claims a new building has reduced the amount of light to fall below an acceptable level. If a planned development infringes the right to light, a neighbour can seek to prevent the development through an injunction or be entitled to compensation.

A recent case law relating to a commercial development in the centre of Leeds (HKRUK II v Heaney) has significantly changed the perceptions of risk associated with right to light. It highlighted the legal system’s increasing willingness to award an injunction against the developer rather than simply compensating the injured parties. There’s no reason why future cases won’t result in similar outcomes.

The risks concerning rights of light can be very high. Any action taken can heavily impact the profit of a planned development and in extreme cases, has the potential to stop development completely. Our policy is there to protect the developer against any claim which could interrupt the project.

 


Did you know? – A person’s right to light is protected under common law, adverse possession and in England and Wales by the Prescription Act 1832. We know this because we are experts in all types of property insurance, and Rights of Light Insurance is part of our portfolio of knowledge and expertise in this sector. We don’t expect our clients to be experts in insurance – that’s what we are here for. So if you’re a property developer, why not give us a call today on 01827 313 931 and we will be happy to advise you on your legal obligations with regard to Rights of Light insurance and other insurance related stuff that you may not be aware of.


 

What is covered by the policy?

Most policies can cover the following:

  • Defence costs, legal fees and other expenses
  • Compensation costs to the injured party
  • Cost of any financial settlements including damages awards and abortive costs
  • Loss in the market value of the property

 

How much does a Rights of Light Insurance policy cost?


In order to obtain a quote, we will need the full details of the project and sight of the Rights of Light survey (including Equivalent First Zone losses).

Premiums for this type of cover can be expensive. What makes us different from most brokers offering this type of insurance is that in most cases we don’t take a commission from the insurance companies for placing Rights of Light Insurance business with them. Instead, we would rather work on a fee basis so that you can see our earnings, which we feel is more ethical, and our customers like our transparency.

Whether you are the Director or Proprietor of a property developing business, you can be assured of our expert advice and knowledge. We are an award winning insurance broker, with a fantastic team of enthusiastic insurance specialists working at our offices in Tamworth. If you are new to property development or a long-time property developer, you are very welcome to call in and see us. Or simply contact us on 01827 313 931 to discuss your Rights of Light insurance.


 

Would you like a quote or to find out more?

We’re happy to provide you with further information. Simply fill in the form below and we will be in touch as soon as possible.