Law Commission consultation studies balance between landowners' rights & public interest
The Law Commission has launched a consultation this week into the “right to light”.
Landowners have rights to receive natural light through specified apertures on their land, and owners of land burdened with those rights cannot erect buildings that would block the light without the holder’s consent.
The consultation studies the balance between landowners’ rights and the public interest. It also looks at the creation, enforcement and extinguishment of the right.
Currently, court disputes over building works are dogged by uncertainty and can drag on for years.
The consultation’s proposals include introducing a statutory notice procedure requiring landowners to tell developers within a specified time if they are going to seek an injunction to block building work and changing the law so that rights to light can no longer be acquired by prescription.
Professor Elizabeth Cooke, the Law Commissioner leading the project, says: “There is a public interest in the development of the modern, high quality residential, office and commercial development that we need in our town and city centres. This project examines a difficult area where a balance is needed between the rights of different landowners.”
