Right of light insurance
Insurance policies are available to protect developers from the risk of possible future claims resulting from infringements of rights of light.
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. The costs of compensation/damages can be significant; sometimes being based on up to 30% or more of the developer's profit. The consequences of an injunction will in most cases be even more costly than a damages claim – particularly if it involves demolition of part of a completed building.
In order to allow a development to proceed, a developer can take out an insurance policy to protect themselves from a range of potential costs. The extent of cover will vary from insurer to insurer.
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 the court.
This article was written by --Right_of_Light_Consulting
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