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
[edit] Find out more
Related articles on Designing Buildings Wiki
External references
Featured articles and news
IHBC’s response to Parliamentary Committee
On Levelling-Up and Regeneration Bill.
Finalists for 2022 CIOB Awards revealed
Over 70 managers and organisations shortlisted for the 14 awards.
Types of building sensors on BD
From biometric to electrical current, chemical and more.
Government mandates detectors in rented homes
Changes are due to come into force on 1st October 2022.
80% of major government projects are rated red or amber
Heed advice and insight of this report IPA tells the government.
The end of the games but continued calls for action
From the Commonwealth Association of Architects.
CIOB respond to the government call for evidence
For the Levelling Up, Housing & Communities Committee.
How are buildings and their occupants responding to extreme heat?
BSRIA's Technical Director reflects on recent weather patterns.
Landownership in England in 1909
A national valuation to fund old-age pensions.
The world’s largest Commonwealth memorial to the missing.
Long after the end of the defects liability period.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing in buildings.
Geometric form and buildings in brief
From the simple to the complex.
Understanding the changing nature of insulation
And the UK Government guidelines.
Three year action plan to improve equity, diversity and inclusion
Commitment agreed to by major built environment bodies.
The Construction Route – what needs to change?
Electrical skills, low carbon, high-tech and the building services revolution.
Deep geothermal power possibilities
Ultra-deep drilling with millimeter-wave beam technology.
BSRIA Briefing 2022- From the outside looking in
Looking at the built environment from space.
Competence requirements for principal contractors and designers
BSI standards 8671, 8672 and 8673.
Bringing life to burial grounds.
From failed modernism to twenty-minute neighbourhoods.
Design chill and design freeze
The gates process and change control.