Anstey Horne

Powers to override rights of light

Rights of Light

The newly-extended planning regulations that will allow planning and other statutory authorities the power to override rights of light and other easements and covenants have now come into force much sooner than expected. 

The regulations that give the power to statutory bodies to override rights of light had been anticipated for later in the year.

On the 11 July 2016, much earlier than expected, the Secretary of State brought in the Housing and Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016.

The new regulation take effect from 13 July 2016 and have now abolished the old powers under section 237 of the Town and Country Planning Act 1990.

They have been replaced with the new, wider powers under section 203 of the Housing and Planning Act 2016.

Section 203 of the 2016 Act will enable a person to override rights of light and other easements in the course of carrying out building or maintenance work on, or using, land which has been vested in or acquired by a “specified authority”.

For a more detailed summary of these new powers and their implications for rights of light, please see our previous article

Follow the link for The Housing and Planning Act 2016.

Further Guidance when appointing a Rights of Light Surveyor

For more information on Rights of Light, how a right is acquired, measured and defended, please see our Fact Sheet.

The Government also published a rights to light fact sheet as part of a review by the Law Commission.

With offices in LondonBirminghamManchesterBristol Plymouth we are able to provide Rights of Light advice on projects all around the UK.

Contact

For the contact details of a Rights of Light surveyor local to you, see our BirminghamBristolManchesterNorwichPlymouth Surveyor details.

For advice on Rights of Light direct from one of our surveyors, please call our Enquiry Line on 020 4534 3138.

If you would like us to call you, please fill in our Contact Us form and we will call you back.

For more information on rights of light or section 203 of the Housing and Planning Act 2016, please contact:

Rebecca Chapman

Rebecca Chapman

BSc (Hons) LLB

Senior Director

Rights to Light

London

Matthew Grant

Matthew Grant

BA (Hons) MScLL

Senior Director

Rights to Light

London

Stephen Mealings

Stephen Mealings

BSc (Hons) MRICS

Senior Director

Rights of Light + PW

Birmingham