Although right-to-light disputes may be viewed as a slightly niche area of property law, one news story has been hitting the headlines of late due to a rather well-known neighbour and his building renovations in North London. Harry Styles is currently facing complaints from his neighbours about how his plans to build a mega-mansion in Hampstead would hinder the access of light into their houses.
Several news outlets have been reporting on the issue, including the Metro, who write that the former One Direction star is combining two homes he purchased for £8.8million and then the adjoining property for just over £4million respectively to create one large property.
Although it is understood that no official complaints have been made to the council about the new renovations, and planning permission was granted to the star, neighbours have reportedly voiced their concerns over their legal ‘right to light’ being infringed and their frustrations over living next to a building site all the time.
Source: Harry Styles faces neighbour ‘complaints’ over renovation to £30,000,000 London mansion
Property battles involving celebrities are great for newspaper headlines, but they also bring to focus a rising problem affecting property owners across the UK. It is thought that ‘right to light’ disputes will continue to grow with the government relaxing its planning laws at the end of last year. Disputes in London and other cities are more likely to see these types of claims increase, where developers will be keen to maximise building space by building upwards, creating a clash with neighbouring properties and their access to natural lighting.
Reality Behind the Celebrity Gossip
The recent articles are not just celebrity gossip; they also highlight the kind of complex right-to-light issues we covered in our previous article: Legal Right to Light – How to Make a Claim.
On the one hand, when it comes to modifying a large property, particularly the combination of properties or large extensions, how the neighbouring property will be affected will have to be considered. What is of particular interest in this case is the scale of the development. We do not mean a humble loft conversion, but a large-scale redevelopment that can actually impact the light access of several neighbouring properties, not just those adjacent to it.
The Financial Impact of Right to Light Claims
In our previous blog, we detailed the process of making a claim, and in follow-up, we take a closer look at the possible financial and legal implications of facing a Right to Light dispute.
Property owners with established rights could be entitled to claim significant financial compensation in exchange for agreeing to property developments that would otherwise breach their right to light. The courts will take into consideration several factors, including:
- The extent of light loss
- Impact on property value
- Amenity lost to the impacted rooms.
- The development that led to the interference in terms of scale and profitability.
In the case of high-value or large-scale developments, settlement figures could be extremely high. Seeking early legal advice is essential when facing a right to light dispute, either when making a claim or if a claim is being made against you.
Legal Issues Affecting Right to Light Claims
Two main factors in a right-to-light case are whether a damage-based settlement or injunction is the correct remedy to resolve the issue, and the compensation to be awarded. In recent years, developers who have disregarded the initial complaints by neighbours have received harsh penalties from the courts. Developers are warned against ignoring concerns from surrounding property owners and carrying on regardless, assuming that right to light claims can be ‘paid off’ before, or in the course of a trial if a dispute goes to court.
This is essential. You can’t just carry on regardless of complaints and resolve compensation problems later. The courts have made it clear that those who proceed with a development knowing that there might be a right to light infringement, run the risk of being ordered to demolish that building.
The New RICS Protocol – Rights of Light Professional Standard
The most recent of the Property Protocols is the update to the Rights of Light Professional Standard Protocol, which provides a clear roadmap of best practice that parties are advised to adopt in an attempt to reduce the chances of protracted and expensive property litigation. It is not a compulsory requirement, but adhering to this protocol may assist in proving that you have been acting reasonably in case of conflicts.
Rights of Light Solicitors
While cases such as those in the recent headlines are full of drama, the principles apply to properties of any size and value. Whether you are facing current issues with a development you are planning or have concerns over a neighbour’s building renovations, early legal advice can save you a lot of time and money.
At Rose & Rose, our team of specialist property lawyers and dispute resolution team have specialist knowledge of right to light disputes and will be happy to review your situation and refer you to relevant specialists, such as property surveyors, to assess whether your right to light has been infringed or is likely to be infringed by a proposed development.
If you are involved in a dispute with a neighbour over a right to light, or any other issues, we can offer strong expertise in property dispute resolution. We can quickly and accurately assess your legal position and guide you through your options in a straightforward, easy-to-understand manner without using legal jargon. We aim to help you make an informed decision on how you want to proceed.
Please contact a member of our team below or email info@roselegal.co.uk to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances. Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.
