Thursday, 9 May 2013

Calling All Developers: Last Chance to Help Reform Rights to Light

Time's running out on the chance to influence the case for reforming rights to light law.

The Law Commission's consultation on reform ends on 16 May 2013.

For more on the consultation see my post Light Years.

Practical Law Company recently hosted a seminar at which the LC reiterated they would like developers to send them information - anonymously - on the additional costs and delay caused to their projects by rights to light claims.

They need this data to create a convincing Impact Assessment, which is essential if any proposed change in the law is to stand a chance of being implemented.

Whether anything comes of the consultation is a moot point - the LC's review of the general law of easements and other rights over land in 2008 led to an impressive report in 2011, now gathering dust in Whitehall.

Still, if you don't ask, you definitely don't get - so it's worth anyone with an interest responding while they have the chance.

The Law Commission are particularly interested in evidence on any of the following:

·         The effect of rights to light on securing funding for developments.

·         The effect of rights to light on delaying development projects.

·         The costs of engaging in rights to light disputes.

·         The costs of using alternative methods of resolving rights to lights disputes (such as section 237 of the Town and Country Planning Act 1990).

·         The value of light (in terms of finance and amenity).

It can cover either commercial or residential property.

There are three ways you can submit information:

·         Use the template response on the LC's website.

·         Use the impact proforma prepared by the British Property Federation and send it to the BPF.

·         Send a letter to the Law Commission.

 Photo by Rubber Dragon via Flickr

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