Rights To Light Reform

On the 4th December 2014 the Law Commission published its final report, Rights to Light (Law Com No 356), which contains the following recommendations for reform.

  • a statutory notice procedure which would allow landowners to require their neighbours to tell them within a specified time if they intend to seek an injunction to protect their right to light, or to lose the potential for that remedy to be granted;
  • a statutory test to clarify when courts may order damages to be paid rather than halting development or ordering demolition;
  • an updated version of the procedure that allows landowners to prevent their neighbours from acquiring rights to light by prescription;
  • amendment of the law governing where an unused right to light is treated as abandoned; and
  • a power for the Lands Chamber of the Upper Tribunal to discharge or modify obsolete or unused rights to light

 

They anticipate an interim response from the Department for Communities and Local Government within 6 months and a final response within a year.

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