We have the expertise to tailor bespoke right to light insurance to suit your development's specific requirements.
Our policies can cover legal costs in addressing claims against your business, settlements or damages awarded, demolition or rebuilding costs and any loss in land value.
Our experts can tailor policies to your business’ specific needs
Our policies can allow a developer to actively engage with the local community and demonstrate good conduct
Reassurance that there is a strategy to minimise financial losses, if needed.
An indemnity insurance policy is seen by many developers as the most effective way to manage the risks inherent to rights to light. By obtaining tailored terms, a greater level of accuracy of budgeting and profit assessment can be achieved, and lender risk concerns can be satisfied.
There are several options available to a developer to manage their liability and address right to light infringement:
We can offer ‘Wait and see’ basis right to light insurance - which does not allow any contact with neighbouring injured properties, but provides full indemnity for any claim up to the limit of indemnity (usually the GDV).
‘Agreed conduct’ basis right to light insurance allows developers to approach injured parties and negotiate away their rights. The policy would be subject to an excess to cover those compensatory payments but would pay out should negotiations surpass the excess figure or if matters progress beyond discussions into Court proceedings.
When you need to make a claim, we'll guide you through the process and get your claim settled as quickly as possible.
A right to light is an easement granted to a freeholder (or leaseholder or tenant, by assignment) which grants them the legal right to enjoy a reasonable amount of natural light to a building.
This isn’t acquired automatically by a property owner, but there are various methods by which it can be acquired. The most common is through continuous enjoyment of light through a defined aperture for at least 20 years.
Where the owner has acquired this right, if a new building restricts the light, causing it to fall below the acceptable level, then the development could be considered an obstruction to their right to light.
The right attaches to the apertures of the building themselves, and – as long as the position of those apertures stays the same – it remains with those apertures even if the original building is demolished and another new building is developed in its place.
Building a development that infringes someone’s right to light could result in significant damages and even demolition.
Nearby development of new or existing property can cause an infringement to the level of light received by neighbouring buildings, an infringement which is actionable and can be enforced through the courts (even if planning permission has already been approved by the local authority).
An indemnity insurance policy is seen by many developers as the most effective way to manage the risks inherent to rights to light. By obtaining tailored terms, a greater level of accuracy of budgeting and profit assessment can be achieved, and lender risk concerns can be satisfied.
Nearby development of new or existing property can cause an infringement to the level of light received by neighbouring buildings, an infringement which is actionable and can be enforced through the courts (even if planning permission has already been approved by the local authority).
An enforceable right to light can be acquired in several ways:
There are several options available to a developer to manage their liability and address right to light infringement:
Read our article on Right to Light Explained, request a quote online or call us on 01732 755 477.
Yes, we can offer legal indemnity cover.
28/06/2024
This article will look at calculating the rebuild cost of commercial property for homeowners and landlords looking for property insurance.
Read more02/07/2024
Find out exactly what commercial landlord insurance is and why it's vital cover for anyone renting out to a third-party business in our useful video.
Read more30/04/2024
Get the best business insurance. Our checklist will help you understand what makes the best business insurance and what you can do to be best protected.
Read more01/12/2017
You've already done the hard work and crept up the property ladder, so why not let the latest technological innovations make your life as a landlord that bit easier?
With Wi-Fi now ubiquitous, there are many ways to take advantage of cutting-edge connectivity in the home to take the leg-work out of property management and even cut back on your bills.
Read more24/08/2023
With tenancy reforms edging closer and ongoing instability around mortgage rates, the current climate is proving challenging for buy-to-let investors. That said, high demand for properties to let and a wide pool of tenants to choose from mean investing in the right rental property can still provide strong returns in the long-term.
Read more