Developments that involve an increase in the height, or massing, of a property may be at risk of infringing the right to light enjoyed by surrounding properties.
Indemnity insurance is available for situations like these, whether the developer intends on proactively negotiating with the affected parties or plans to adopt a ‘wait and see’ approach to the risk.
Right to Light Insurance provides protection against the financial consequences of a third party asserting a claim, including legal/professional fees, the cost of any settlement entered into and catastrophic losses following an injunction.
Why choose us for Right to Light Insurance?
As an established independent insurance broker, we have access to leading Right to Light insurers and provide a prompt service in obtaining competitive quotations.
What information do I need to provide for a Right to Light Insurance quote?
The key document we need is the Right to Light Surveyors report.
This contains the key data analysis known as the ‘Equal First Zone’ assessment, which the insurer uses for its rating.
In addition to the Right to Light Surveyors report, we require:
- Planning Permission
- Site Plans
- Gross Development Value
- News articles about your proposed development
- Details about whether Right to Light has been questioned by any party.
How long will it take to receive a quotation?
Receiving an insurance quotation for Right to Light Insurance doesn't take long. Typically, we are able to obtain quotations within a few working days.
How much does Right to Light Insurance cost?
The premium is largely determined by how many third parties are involved and which ones may suffer light reduction once your development is complete.
A Right to Light Surveyors report detailing the Equal First Zone analysis will assist insurers in providing terms.
What does Right to Light Insurance cover?
Right to Light Insurance provides protection against injunctions - either prohibitory injunctions (where the developer is prevented from building) or mandatory (where the developer is asked to remove any construction). Right to Light Insurance also covers the cost of any monetary awards, which are sometimes granted following an injunction against the developer.
Do I have to have Right to Light Insurance?
Having Right to Light Insurance is not essential. However, in view of increasing legal costs, we would certainly recommend it.
It is in the your interests to tackle Rights to Light matters early, ideally at the site selection stage. If it can be established that a neighbouring property is likely to enjoy a Right to Light, it may affect the height of the construction.