Insurance policies are available to protect developers against the risk of rights of light claims.
Right of Light Consulting work alongside FCA regulated brokers who can seek quotations for insurance on your behalf. Our right of light reports provide information underwriters require to offer terms.
Landmark cases such as HKRUK II v Heaney (2010) have highlighted the legal system’s increased willingness to award an injunction against the developer rather than simply awarding compensation to the injured parties. Rights of light can therefore expose a development to a significant risk. In recent years, the number of claims has risen as a result of increased awareness of rights of light and the propagation of “ambulance chasing” firms targeting developments across England.
The availability and terms of cover will very often depend on whether the site has already been affected by claims. A common trigger for claims is the planning consultation process. Timing can therefore be important if you are considering insurance for your next project.
Typically, insurance will cover:
- Legal costs involved in addressing claims
- Compensation settlements
- Abortive design and construction costs
- Loss in land value in the event the developer’s project is permanently halted or curtailed by an injunction.
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