Member Article

The right to light - developers take note

With Watson Burton LLP Law Firm

The recent decision of the Court of Appeal in Regan v Paul Properties Limited and others has important lessons for developers when considering the right to light of properties neighbouring any proposed development.

Mr Regan occupied a two storey maisonette and his living room was directly opposite a mixed use development being constructed by Paul Properties Limited. The development was in fact only 12.8 metres away. Regan had repeatedly complained to the developer that the intended development, in particular a penthouse apartment that was partly constructed at the time of the court case, would interfere with the light reaching his living room.

Although experts for the developer acknowledged light would be reduced the developer felt any interference would be “very minor indeed”. In fact light reaching the living room was reduced from 67 per cent of its floor to 42-45 per cent. However the developer persisted with work.

Regan issued proceeding for an injunction to stop the development and was, at first instance, awarded only damages, the High Court interpreting the case of Shelfer v City of London Electric Lighting Company in such a way that damages was considered to be the appropriate remedy.

Regan went to the Court of Appeal who considered the effect on the value of the properties. The penthouse that was blocking the light into Regan’s living room was valued at £475,000, and to avoid infringing Regan’s light would have meant reducing the property to a two bedroom £300,000 apartment, with all the additional expense that would entail for the developer. Conversely, the reduction in value of Regan’s property was just £5,000 to £5,500. Nonetheless the Court of Appeal ordered an injunction against the developer forcing it to tear down the penthouse to the extent that it was blocking Regan’s right to light.

One thing the court may have taken into account when reaching its decision was the conduct of the developer in continuing the work in the face of repeated complaints from Regan (complaints which started before building commenced). The case offers a warning to developers that they need to think very carefully about the effect their developments will have on neighbouring properties, especially with the proliferation of tall, high density buildings in city centres. It may be worth taking specialist legal advice, and advice from a right to light specialist, before commencing a development which may infringe the light of surrounding buildings. Otherwise more buildings could go the way of the torn down penthouse.

If you have any queries in relation to this article, or any other property law matter, please contact Paul Wigham at Watson Burton LLP (paul.wigham@watsonburton.com).

This was posted in Bdaily's Members' News section by Ruth Mitchell .