Landowners will be required to declare whether they will seek a right to light injunction within a set timeframe under a draft Rights to Light (Injunctions) Bill published by the Law Commission on 4th December 2014.
This follows the outcry from property developers relating to the decision in HRUK II (CHC) Ltd v Heaney  where an injunction was granted requiring a development to be cut back as a result of impeded rights to light following actual completion of the development.
The draft Bill supports development by requiring so called "spoilers" to declare their intention to enforce rights to light within a set deadline.
We published our final report and draft Bill on rights to light on 4 December 2014. This followed our consultation on the subject, which ran from 18 February 2013 to 16 May 2013