Highlighting the Importance of Light Obstruction Notices
As Rights of Light surveyors, arguably the most important aspect of our role is the essential due diligence we undertake in the earliest stages of a project, whether it be pre-acquisition of a site, when evaluating an existing asset portfolio, at the feasibility stage or when proposals for a site are beginning to take shape. The sooner we undertake the due diligence, the greater the opportunity for Rights of Light-related time and cost savings. Why? Critical strategic considerations and tools such as Light Obstruction Notices (LONs).
Rights of Light are most commonly acquired via the Prescription Act (1832), when light is enjoyed under certain criteria for a period of 20 years immediately prior to the issue of a court action. This is the case unless the enjoyment of light is interrupted during that period. According to the 1832 Act, an interruption is deemed to have occurred when “for one year after the party interrupted shall have had or shall have notice thereof”¹ i.e. if light is successfully obstructed for a period of one year during the 20 year acquisition period, then no rights to that light will have been acquired.
The Rights of Light Act (1959) was introduced to provide a mechanism to protect sites that were bombed in the Second World War from the acquisition of Rights of Light by neighbouring properties. As time had passed since the bombings and sites had not yet been rebuilt, their neighbours would soon acquire rights to the additional light they were enjoying via the 1932 Act, thus hindering their successful future redevelopment. The LON was introduced by the Act “for the purpose of preventing the access and use of light from being taken to be enjoyed without interruption”.² Today, the 1959 Act and LONs remain a mechanism available to property owners who wish to protect their assets and maximise their development potential.
Often referred to as a “notional obstruction”, a successfully served LON serves as a theoretical screen, usually to infinite height, to the light enjoyed by the neighbouring buildings in question. Its purpose, assuming it is correctly and successfully served, is to remove the need to build a physical obstruction to a neighbour’s light in order to prevent them acquiring Rights of Light over the neighbouring site. If the notice is not successfully challenged within the one year period, a successful interruption will be deemed to have occurred and the prescriptive clock will be reset for another 20 year period. It is the relationship between the 20 year prescriptive period under the 1832 Act and the one year interruption period provided for by the 1959 Act mechanism that Rights of Light surveyors (and lawyers) help our clients to navigate.
LONs for Developers
The process of serving a LON on behalf of our developer clients involves the preparation of plans depicting the extent of the LON to be served and a request to the Lands Tribunal to obtain a certificate, which is issued once the tribunal is satisfied that adequate notice has been given to the owners of the building(s) to be subject to the LON. This certificate is then registered as a Local Land Charge and the one year interruption period begins. Both Rights of Light surveyors and lawyers work together, at the instruction of the developer team, to serve the LONs by following the due processes. Whilst we always work as quickly as possible, it is a process that can take weeks to months, so it is critical that our clients take a proactive approach and that we are instructed to undertake our due diligence as early as possible in the development process, or indeed simply to protect existing assets that our clients may one day wish to redevelop. We urge our developer clients not to underestimate the value of a LON strategy for their portfolio.
LONs for Adjoining Owners
For an adjoining owner who becomes aware of a LON being served in respect of their property, it is essential that advice is sought. Rights of Light surveyors can advise adjoining owners in respect of their rights and whether they have grounds to challenge a LON. Century Associates is always willing to provide a professional view on such matters, so we urge our potential adjoining owner clients not to hesitate. We feel strongly that it is better to investigate and find out that you have no grounds to challenge than not to investigate and miss an opportunity to protect the light you enjoy.
Please do not hesitate to contact us at enquiries@century-associates.co.uk, or on 07554 939 187, for advice.
¹ Prescription Act 1832, Section 4
² Rights of Light Act 1959, Section 2(1)