RICS Rights of Light Guidance Note 2010

  • View
    23

  • Download
    1

Embed Size (px)

DESCRIPTION

RICS guideline notes

Text of RICS Rights of Light Guidance Note 2010

  • rics.org/standards rics.org/standards

    RICS Practice Standards, UK

    1st edition, guidance note

    Rights of lightPractical guidance for chartered surveyorsin England and Wales

    1st edition, guidance note

    This guidance note has been produced by the members of a steeringgroup comprising specialist RICS members and legal experts.

    It deals with easements known as rights of light and the approachto be adopted by surveyors practising in this field. The guidance notefocuses on the different stages of a potential dispute and theprocesses that an RICS member could follow as an example ofbest practice.

    Professional practice issues such as dispute resolution, mediation, howto deal with initial contact and clients are underlined and investigationtechniques and appropriate resources are highlighted.

    Particular emphasis is also given to the primary roles of Land Registry,the professional advisor and the chartered surveyor in a rights of lightdispute situation. The importance of research, field investigation,technology advances and advice on best practice survey techniquesand final reports are also included. The guidance note also containsextensive listings of further reading and online resources.

    This guidance note is essential reading for all RICS members interestedin rights of light dispute practice and will also act as an effectiverefresher for experienced practitioners.

    Rights of lightPractical guidance for chartered surveyorsin England and Wales

    GN 66/2010

  • Rights of lightPractical guidance for chartered surveyors inEngland and Wales

    RICS guidance note

    1st edition (GN 66/2010)

  • Published by the Royal Institution of Chartered Surveyors (RICS)

    Surveyor Court

    Westwood Business Park

    Coventry CV4 8JE

    UK

    www.ricsbooks.com

    No responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in this publication canbe accepted by the authors or RICS.

    Produced by the Boundarys and Party Walls Panel, part of the Land Professional Group of the Royal Institution of Chartered Surveyors.

    ISBN 978 1 84219 628 1

    Royal Institution of Chartered Surveyors (RICS) October 2010. Copyright in all or part of this publication rests with RICS, and save by priorconsent of RICS, no part or parts shall be reproduced by any means electronic, mechanical, photocopying or otherwise, now known or to bedevised.

    Typeset in Great Britain by Columns Design Ltd, Reading, Berks

    Printed in Great Britain by Annodata Print Services Ltd, Dunstable, Beds

  • Contents

    Acknowledgments iv

    RICS guidance notes 1

    1 Introduction 2

    1.1 The procedure 21.2 Brief summary of the law 3

    2 Instructions 4

    2.1 Competence and experience 32.2 Establishing the brief 42.3 Clients instructions 42.4 Considerations for the dominant owner 52.5 Part 36 offers under the Civil Procedure Rules 52.6 Considerations for the servient owner 52.7 Measurement 62.8 Preliminary reports 62.9 Modelling and technical analysis 62.10 Analysis based upon full measured survey 7

    3 Research 8

    3.1 Land registry 8

    3.2 Historic aerial photography and data sources 84 Method of assessment 9

    4.1 What is meant by adequately lit? 10

    5 Compensation 12

    6 Rights of light agreements 13

    7 Loss of rights of light 14

    8 Insurance 15

    9 Dispute resolution 16

    Appendices

    1 References and online resources 17

    2 Quick specification for topographic and measured buildings survey 20

    3 Suggested checklist of documents relevant to a right of light dispute 22

    RIGHTS OF LIGHT | iii

  • AcknowledgmentsThe RICS Boundaries and Party Walls Panel(B&PWP) is a cross-professional group specialistpanel of associate and chartered surveyors fromthe building, land surveying (Geomatics) and ruralareas of practice. It brings together some of theforemost and distinguished professional surveyorsworking within the arena of neighbour disputes. Itsremit includes boundaries, party walls and certaineasements, such as rights of way and rights oflight. These issues lie at the core of RICSmembers professional work.

    The B&PWP also produces professional guidanceand information, RICS public guides, RICS clientguides, policy responses, journal articles and hasbeen involved in the inception and ongoingoperation of RICS Dispute Resolution Service (DRS)Neighbour Dispute Service. The B&PWP exists topromote understanding and best practice in theareas of Land Transfer, Registration andAdministration, Encroachments, Cadastre andBoundary issues, and/or to an improvement in theadministration of the Laws regarding them, withinthe United Kingdom and overseas.

    Current (August 2010) B&PWP members

    John Lytton FRICS John Lytton & Co Ltd B&PWWG Chair 2007 onwards

    Andrew D Thompson FRICS BLDA Consultancy,David J Powell FRICS David J Powell SurveysLtd, Carl Calvert FRICS Calvert Consulting,Alistair Redler FRICS Delva Patman Associates,Graham North FRICS Anstey Horne & Co Ltd,Jon Maynard FRICS Jon Maynard BoundariesLtd, Robin Ainsworth FRICS Ainsworth SurveyingServices Ltd, Peter Lord AssocRICS LandRegistry, Nigel Atkinson FRICS Morton AtkinsonAssociates, James Kavanagh MRICS RICS, MrsRaj Sohal RICS Mediator RICS DisputeResolution Service, Simon Coates FRICS

    Rights of light sub panel

    In order to produce this guidance the following subgroup of the Panel was formed and their time andassistance is acknowledged:

    Andrew Maltby MRICS Maltby Land Surveys Ltd,Dr Peter Defoe FRICS Calfordseaden LLP,Michael Ney FRICS Schroeders Begg LLP, CraigRobinson MRICS Savills, John Carter FRICS Brooke Vincent & Partners, Michael Zuckerman LLBMBA, Solicitor Benson Mazure LLP, HowardSmith Barrister Radcliffe Chambers, 11 NewSquare, Lincolns Inn

    RICS also wishes to acknowledge the help andassistance of the very many consultees, inparticular the following RICS members and others:

    Rory Stanbridge MRICS FCInstCES, SecretaryGeneral, The Survey Association. Rob Cooke ACII Clear Insurance Management Limited and Jean-Claude Domaingue Solicitor and SeniorUnderwriter CLS, Alex Schatunowski FRICS GVA Schatunowski Brookes, Delva Patman FRICS Delva Patman Associates, Lance Harris MRICSand colleagues Anstey Horne & Co Ltd, Elizabethde Burgh Sidley FRICS and colleagues DriversJonas Deloite, Mark Symonds FRICS, CB RichardEllis Limited, MBS Survey Software Ltd, and PaulLovelock MRICS of Watts Group Plc (For the APCCandidate review during the consultation exercise)

    Figures 1 and 2 are reprodued with kind permissionfrom Waterslade Ltd.

    B&PWP publications can be found at www.rics.org/land and at www.rics.org/mappp

    iv | RIGHTS OF LIGHT

  • RICS guidance notes

    This is an RICS guidance note. It providesadvice to members of RICS on aspects of theprofession. Where procedures arerecommended for specific professional tasks,these are intended to embody best practice,that is, procedures which in the opinion of RICSmeet a high standard of professionalcompetence.

    Members are not required to follow the advice andrecommendations contained in this guidance note.They should, however, note the following points.

    When an allegation of professional negligence ismade against a surveyor, the court is likely to takeaccount of the contents of any relevant guidancenotes published by RICS in deciding whether or notthe surveyor has acted with reasonablecompetence.

    In the opinion of RICS, a member conforming tothe practices recommended in this guidance noteshould have at least a partial defence to anallegation of negligence by virtue of having followedthose practices. However, members have theresponsibility of deciding when it is appropriate tofollow the guidance. If it is followed in aninappropriate case, the member will not beexonerated merely because the recommendationswere found in an RICS guidance note.

    On the other hand, it does not follow that amember will be adjudged negligent if he or she hasnot followed the practices recommended in thisguidance note. It is for each individual charteredsurveyor to decide on the appropriate procedure tofollow in any professional task. However, wheremembers depart from the good practicerecommended in this guidance note, they shoulddo so only for good reason. In the event oflitigation, the court may require them to explain whythey decided not to adopt the recommendedpractice.

    In addition, guidance notes are relevant toprofessional competence in that each surveyorshould be up to date and should have informedhim or herself of guidance notes within areasonable time of their promulgation.

    RIGHTS OF LIGHT | 1

  • 1 Introduction

    The chartered surveyor in England and Wales hasan established role as an expert dealing with theenjoyment of natural light in the built environment.Issues can arise as a result of a development thatmay interfere with the amount of light receivedthrough an opening benefiting from a right of light.The physical extent of the proposed developmentcan be strongly influenced by the constraintsimposed by the impact of such rights asdetermined by expert practitioners. This guidancenote deals solely with easements known as rightsof light and the approach to be adopted bysurveyors practising in this field.

    This document is aimed principally towards thepractitioner who may not be an experiencedspecialist in the field of rights of light, although it ishoped that all chartered surveyors will find it useful.

    The issues associated with daylight and sunlightin the planning system are a separate area andare not covered by this guidance note. Forfurther information, see Building ResearchEstablishments (BRE) publication BR209

Related documents