The Law Commission has published a Consultation paper on reform of the law relating to rights to light. A copy of the paper can be found here: Law Commission paper

The consultation period runs from 18th February 2013 and closes on 16th May 2013.

The Consultation seeks views on whether the law by which rights to light are acquired and enforced provides an appropriate balance between the interests of landowners, and the need to facilitate the appropriate development of land.

The Law Commissions consultation follows interest from the Department for Communities and Local Government, as a result of a recent case, HRKUK II (CHC) Ltd v Heaney. The High Court issued an injunction ordering HRKUK to demolish the part of their building that infringed Heaney’s right to light, although this was subsequently settled by an undisclosed payment of damages.

The Consultation Paper contains four provisional proposals which are:

• The abolition of the ability to acquire a right of light by prescription. It should be noted that the proposal is for prospective abolition only: it would have no impact on rights of light already acquired by prescription.
• A new statutory test to clarify the current law on when Courts may order a person to pay damages instead of issuing an injunction to demolish or stop constructing a building that interferes with a right to light.
• A new statutory notice procedure which enables a developer to issue notice to neighbouring owners that they intend to develop and obstruct rights to light. In response those with the benefit of rights to light have to make clear whether they intend to apply to the court for an injunction (ordering a neighbouring landowner not to build in a way that infringes their right to light), with the aim of introducing greater certainty into rights to light disputes
• The Lands Tribunal should be able to extinguish rights to light that are obsolete or have no practical benefit, with the payment of compensation in appropriate cases.

GIA are participating in the Consultation, gathering evidence to submit to the Law Commission. We are also working with fellow members of the Association of Light Practitioners to formulate proposed amendments to the law that achieve the Commissions intention of creating an appropriate balance that protects rights, and allows development.

To provide a full cost consultancy and project management service.

Site Description:

The project involved refurbishment and remodelling of the existing apartment to provide a more contemporary and open space

Task and Outcome:

• Managed the design team
• Established the budget
• Liaised with the building managers
• Negotiated the contract sum with the preferred contractor
• Produced contract documents
• Provided post contract advice to the client regarding contract variations, valuations, cash flows, monthly cost reports and contractual issues

To provide an integrated asset management system incorporating Forward Maintenance Plan and Asset Registers of all building fabric and services installation assets, for all MoJ sites in the Southern region.

The system to be fully compatible and integrated into MITIE’s own CAFM system (Maximo).

Details of Property Portfolio:

The MoJ has a diverse property portfolio which has a wide spectrum of maintenance obligations/requirements which correlates with the judicial/strategic/operational importance of the site. Buildings ranged from high profile listed types such as the Royal Courts of Justice (Grade I listed); to smaller regional magistrates buildings of a more recent era in terms of construction.

Details of GIA task:

Using an ‘all in one’ asset management system, GIA provided a large team of building surveyors (10 No) and M&E engineers (10 No) to survey the MoJ Southern Region with the intent to collect all asset data for the population of a comprehensive Asset Register (to drive PPM works); and condition data for the population of an integrated FMP and detailed condition survey reports for each site.

With the MoJ Southern Region having over 200 sites, GIA had a 5 month window to complete this task to ensure MITIE met it’s KPI’s with the MoJ in terms of driving planned maintenance on the Estate.

To provide a full tender package, design, procurement and contract administration services throughout the project.  The works comprised of a full CAT-A refurbishment of the floor (approx. 23,000 sq ft), including mechanical and electrical installations with new lighting throughout.  Lighting design was by GIA’s sister company, GIA Equation.

Site Description:

The building is a commercial office block constructed circa 2006 and located within the New Street Square development.  It consists of 11 floors of commercial office space.

Task and Outcome:

• Carried out initial site inspection to establish the extent of works required

• Managed the mechanical, electrical and lighting design sub-consultants

• Drafted the specification and issued to agreed list of contractors

• Appointed a specialist contractor with proven experience to undertake the project

• Undertook the contract administration role, dealing with contract variations, valuations, progress updates and contractual issues

• Undertook required design reviews and variations

To provide a full tender package, design, procurement and contract administration services throughout the duration of the project.  The works comprised of a full CAT-A refurbishment of the floor including mechanical and electrical equipment and new lighting (designed by GIA’s sister company, GIA Equation)

Site Description:

The building is an 8-storey commercial office block, constructed circa 2000 and located on160 Queen Victoria Street.

Task and Outcome:

• Performed an initial site inspection to establish the extent of the works

• Managed mechanical, electrical and lighting design sub-consultants

• Drafted specification, which was issued to the agreed list of contractors

• Appointed a specialist contractor with proven experience to undertake the project

• Undertook the contract administration role dealing with contract variations, valuations, progress updates and contractual issues

• Undertook required design reviews and variations

To provide a full cost consultancy service from RIBA Stage B through to completion via the Improvement and Efficiency Social Enterprise (iESE) Framework.

Site Description:

The project involved refurbishment and remodelling of the existing building with some new build to provide year group hubs and shared internal and external facilities.  The school remained operational during the construction works and the project was carried out under a phased programme.

Task and Outcome:

• Negotiated the contract sum with the preferred iESE contractor
• Produced contract documents
• Provided post contract advice to the client on dealing with contract variations, valuations, cash flows, monthly cost reports and contractual issues