Initial appraisals

Rights of light pose a constraint to building potential because too much height, bulk and massing in key locations may lead to a claim for an injunction to stop the development by an adjoining owner. It is therefore important at an early stage to obtain an indicative understanding as to the rights of light constraints for the site. After a site visit and some desk-based research to review ownerships and legal documents, we can quickly provide an approximate indication of the building potential to respect rights of light to the surrounding properties and avoid unnecessary costs and delays at the more detailed design stage.

Indicative analysis (technical and legal)

This is where a technical understanding of the development potential of a site is required and provides a more accurate but still indicative analysis. We can quickly construct an approximate 3D maximum building envelope or analysis of the initial scheme proposals to provide guidance as to where Rights of Light might be an issue. We can also identify where Light Obstruction Notices to stop adjoining buildings acquiring rights of light may be served. This approach provides a fast, reasonably accurate view of the building potential for the site.

Survey based technical analysis

When it is intended to build out a scheme, it is important to gain an accurate view of the rights of light implications for it. This is best done based upon measured survey information for the site and its surroundings, and we have in-house expertise in this area. We can then create a very precise 3D maximum building envelope to respect non-injunctable rights of light to the surrounding properties, or a scheme analysis to determine where there are rights of light issues. This also includes a full review of any legal documents relating to rights of light and detailed advice about serving Light Obstruction Notices to the surrounding properties where appropriate. Strategic advice can then be provided to resolve any outstanding rights of light issues, including budget for compensating injured properties.

Full technical analysis

Our approach at this level of service is to identify and minimise all potential risks for the proposal in relation to rights of light. In addition to the Survey Based Technical Analysis, further research is therefore carried out to understand the internal room layouts to the surrounding properties, ownerships to determine where rights of light compensation deals may be achievable and where rights of light insurance may be appropriate. We can prepare a report to go to the insurers.

Strategic reporting

Our role is frequently a strategic and commercial one, advising on how a site\'s potential can best be realised. This is achieved through detailed research into neighbours, their buildings and the degree of impact likely.

Portfolio management

We undertake this service for clients with a property portfolio, held there for medium to long term. Our aim is to ensure that any development potential for those portfolio sites is maintained and protected for the future, when these sites may be redeveloped themselves. This process involves creating a simple Risk Register document which shows in plan:

1. The key sensitive properties surrounding the site
2. Those properties which have already acquired prescriptive Rights
3. Those which have not but will acquire prescriptive Rights and should therefore have Light Obstruction Notices served upon them
4. Those properties which are key controllers to the development potential of the site and if altered or acquired, could generate greater development potential

Negotiations

After completion of a Rights of Light analysis it is often necessary to approach adjoining owners to negotiate releases from any legal Rights of Light which they may have. We advise on the best strategy for this in order to achieve resolutions fast for project certainty.

Expert witness

We provide specialist expert witness services to clients when Rights of Light disputes go to Court. This involves close work with the client and legal counsel to ensure the necessary documentation is provided. Our aim is to ensure that the information, which is often technical, is presented in a way which can be clearly understood by a lay-audience so that the true facts of the case can be discussed.

Scheme cutbacks and enhancements

When we have modelled a proposed scheme and carried out the necessary analysis of that scheme to identify the Rights of Light implications on the surrounding properties, we can carry out cutbacks to that proposed scheme. This shows which parts of the scheme are causing the infringements, if any, to the surrounding properties and allows the architect to remodel the design in order to overcome restrictions. This analysis can also highlight where development potential exists that has not been fullly optimised in the initial design.

Maximum building envelopes

Rights of Light maximum building envelope assessments are a particular speciality at GIA. These pictorially describe the development potential on the subject site within the constraints imposed on that site by the legal Rights of Light of surrounding properties. This envelope can be used by the architect to design the scheme to cause no injunctable injury. It is a faster and more efficient way of achieving a scheme design which is compliant with the Rights of Light requirements of the site.