Gone are the days when a Right of Light infringement could be swiftly dealt with by simply taking out an indemnity insurance policy.
Specialists used to advise: “Don’t discuss Right of Light with the neighbours. If there’s an infringement, just put indemnity insurance on risk.”
This approach is no longer the default solution.
The number of insurers willing to cover Right of Light risks has shrunk. Premiums have soared. And the risks themselves have grown, especially in light of recent, high-profile cases that are reshaping the industry.
Matt Grant, senior Right of Light director at Anstey Horne, adds more clarity to the topic:
“A Right of Light is a type of easement that entitles a property owner to receive natural light through a window or opening across adjoining land.
SPOTLIGHT ON RIGHT TO LIGHT
A recent High Court decision has brought Right of Light back into the spotlight, in connection with the £2.5 billion ‘Bankside Yards’ development by Native Land.
In Cooper v Ludgate House Ltd [2025] EWHC 1724 (Ch) (08 July 2025), the court found that the development had caused a loss of light to two leasehold flats in the neighbouring Bankside Lofts building. While the claimants sought an injunction, which would have required the partial demolition of the new “Arbor” office building, the court declined to grant it. Instead, it awarded compensation of £500,000 and £350,000 to the respective flat owners.
The court concluded that damages were the appropriate remedy, partly because the developer could, if necessary, obtain planning permission to rebuild the Arbor building using statutory powers under section 203 of the Housing and Planning Act 2016, making an injunction ineffective.
Moreover, Native Land’s conduct was not found to be unreasonable, and the judge determined that the harm to the developer from granting an injunction would be disproportionate to the interference suffered by the claimants.”
Another notable case is HKRUK II (CHC) Ltd v Heaney (2010), where the High Court granted an injunction against a commercial development in Leeds.
HKRUK II (CHC) Ltd built a new commercial block next to Mr. Heaney’s building. During construction, Mr. Heaney claimed that the works substantially interfered with his Right of Light. Despite this, the developer pressed ahead without resolving the dispute.
Instead of awarding damages, the judge granted a mandatory injunction requiring partial demolition of the top two floors of the newly completed building to restore the lost light. The fact that the building was already finished did not persuade the court to refuse the injunction, particularly because the developer acted with full knowledge of the risk.
Following the ruling, the parties entered negotiations and reached a confidential settlement that allowed the building to remain as built. Industry commentary suggests the settlement was significantly higher than the damages the court might have awarded if it had opted for compensation from the outset.
THE LESSON?
Right of Light disputes can cause major delays, costs, and disruption to multiple parties. Engaging an experienced Right of Light specialist, ideally at the design stage, can help identify and mitigate risks early.
Early assessment also clarifies whether indemnity insurance is available and what the potential premium might be. This will form an integral part of the developer’s feasibility assessment.
