On 30th January we held a Rights of Light seminar in Dublin with Dual Asset Management. From legal updates to practical surveying advice - here are our top ten take-aways from the session.
1. In the wake of Ireland breaking the cycle of low-density buildings and relaxing height restrictions in Dublin, Cork and other areas, neighbours and funders are becoming increasingly aware of Rights of Light and may show a willingness to take infringement actions.
2. With the uncertainty surrounding the Land and Conveyancing Law Reform Act 2009, it’s more important than ever to register and protect your right.
3. English case law is persuasive, but we’ll have to wait and see whether Irish courts will follow suit.
4. Interference with Rights of Light: injunction or damages? The primary remedy would be an injunction.
5. If surveyors are consulted at an early stage, the development can be designed to mitigate Rights of Light impacts.
6. Any potential Rights of Light impacts can be accurately assessed by surveyors using specialist models to define potential risks and cost.
7. The cost liabilities identified by these models can then be accounted for at the outset and factored into development appraisals and/or residual land values.
8. Rights of Light reports can be used to inform strategy, including negotiations and insurance enquiries.
9. Developers can proceed with confidence and start construction promptly knowing that their financial exposure is capped and that insurers and surveyors are dealing with any Rights of Light assertions in the background.
10. Insurers can work with developers to decide an appropriate strategy (i.e. wait and see or approach based).
Download a one page pdf of the key take-aways here.