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Understanding Right of Light Disputes in Construction
The right to enjoy light in one's property has become a growing concern as the UK relaxes planning laws. The recent shift has prompted lawyers to predict a surge in disputes surrounding right of light, particularly in urban settings where available space is increasingly scarce. As property developers strive to meet ambitious housing targets set by the government, these disputes are likely to arise more frequently.
What is Right of Light?
According to legal experts, a right of light is established when a property has consistently enjoyed natural light for over 20 years. Once this right is established, the property owner is entitled to receive adequate light to fulfil the ordinary purpose of their space. For instance, a greenhouse requires significantly more light compared to a store room.
Escalating Issues Amid Development
Mustafa Sidki, a partner at Thackray Williams, highlights how the recent planning law relaxations have already led to disputes due to neighboring properties experiencing a loss of light during construction projects. In urban areas where upward developments are common, it's essential for developers to consider the potential impact of their projects on existing rights of light.
Proactive Solutions for Developers
Despite the challenges, there are ways developers can manage rights of light disputes proactively. For example, the ongoing construction of a £500 million extension to the British Library offers a case in point. Developers engaged with neighboring property owners in advance to assess potential light loss, providing compensation and addressing concerns before conflicts escalated. Clear communication and a gesture of goodwill can pave the way for smoother project execution.
Conclusion: Navigating Future Challenges
As building and construction companies embark on new projects, understanding right of light and its implications can help avoid costly disputes. Legal expertise is crucial for navigating these complexities. Whether you're a developer, homeowner, or facilities manager, staying informed about rights of light can lead to more successful and harmonious developments.
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