The Law Commission has announced a consultation into the right of landowners to receive light through defined apertures in buildings.
If land owners are affected by the right then they need the consent of the benefiting owners to make any changes, for example erecting buildings which block the light.
The “rights to light” can allow landowners to prevent construction or in some circumstances, to have a building demolished.
Where a development has taken place, but a court does not order its demolition, the court may award substantial damages.
The consultation will investigate whether the law by which rights to light are acquired and enforced provides the right balance between the interests of landowners and the need to appropriately develop land.
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