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Right to Light Update

October 2019

One cursory look out the window these days and you are more than likely to see rain. The weather has been nothing short of horrendous for what seems like an eternity. Never mind cats and dogs, it's been raining chickens and ducks. It's (wait for it) fowl weather (sorry). But of course, this is England, so we expect a fair amount of precipitation.

We'd like to focus on Right to Light Insurance today. As you probably know, Right to Light insurance policies are designed to protect a developer or landowner from claims made by neighbours that allege they have had their amount of natural light reduced as a result of their development.

Should such a claim be made, the compensation settlements, remedial costs and legal costs could be significant to the developer or landowner. It therefore makes as much sense as owning a brolly in England to take a Right to Light policy to ensure a development is covered.

We have access to all of the main markets, and they are all 'A' rated insurers. The cover is far and wide, but some of the key specifics include:

  • Legal costs involved in addressing any claims

  • Compensation costs to the claimant

  • Identifiable loss from adjoining owners as identified by the Right to Light surveyor

  • Cost of any financial settlements, including damage awards

  • Abortive costs incurred as a result of a third-party claim

  • Loss in land value in the event a project is permanently halted by the Court

As you would expect, each policy is tailored to the individual development and is a one-off purchase. While we are talking about such cover, it would be remiss not to remind you that we can provide you with other legal indemnity covers, including:

  • Restrictive covenants

  • Defects in the title, including loss of deeds

  • Lack of adequate access and/or services

  • Leasehold problems

  • Flying freehold

  • Chancel Repair

We can provide you with a Right to Light Checklist and Declaration form which you can use to submit your enquiry to us. Whilst it's important to fill in all the form, it's really important to make sure you have carried out the Right to Light assessment using a surveyor before progressing, as we are unable to provide a quote without this. And, of course, if you'd like to discuss this first, or find out anymore, just get in touch with your usual contact or, indeed, any member of the team.


020 8450 5336

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