Rights of light in transition

RICS' Rights of light third edition professional standard, which was published in March 2024, marked a turning point in the evolution of rights of light practice.

Building on the established framework of the second edition, it signaled that rights of light practice has matured into a sophisticated specialist discipline with clearly defined professional expectations.

The changes to the document were not merely editorial; they fundamentally altered how surveyors are expected to investigate, advise, negotiate and manage development risk.

This shift has significant implications for professional liability. Surveyors can no longer rely simply on demonstrating that they followed accepted industry custom; they must increasingly be able to justify that their methodology, reporting and professional judgement meet the higher expectations established by the new standard.

Equally important is the recognition that rights of light practice is no longer viewed simply as a technical surveying exercise.

The 2024 standard introduced dedicated sections on professional competence, integrity and conflicts of interest, explicitly linking rights of light practice to the RICS Rules of Conduct and establishing a specialist Assessment of Professional Competence (APC) pathway.

In practical terms, this elevates expectations for both individual practitioners and employers. Firms may need to demonstrate specialist expertise when accepting instructions, while clients are likely to place greater emphasis on appointing surveyors with recognised rights of light credentials.

The profession is moving away from the concept of the competent general practice surveyor towards recognised technical specialists.

The legal guidance has also become noticeably more sophisticated. Although the principles governing easements remain unchanged, the discussion of injunctions reflects a decade of judicial development.

The 2016 guidance anticipated a more flexible judicial approach following Lawrence & Anor v Fen Tigers Ltd & Ors. The 2024 standard now presents this flexibility as established practice, emphasising that courts will consider the full circumstances of each dispute rather than applying the traditional Shelfer test mechanistically.

This seemingly subtle change has important commercial consequences. Developers can no longer rely on simplistic assumptions that damages will inevitably replace injunctions, while affected owners cannot assume that an injunction remains the automatic remedy.

Consequently, surveyors are increasingly required to provide balanced risk assessments rather than deterministic opinions – a significant shift in professional advice.

The 2024 standard treats advanced geospatial data as integral to competent practice, introducing structured levels of data acquisition that range from preliminary desktop studies to comprehensive internal laser scanning supported by point-cloud modelling, satellite imagery and unmanned aerial systems.

For practitioners, this represents far more than improved efficiency: it establishes an expectation that the quality of technical evidence should be proportionate to the significance of the instruction.

Poor-quality surveys or inadequately verified digital models are no longer simply technical limitations; they may undermine professional credibility, insurance decisions and ultimately the evidential weight of expert testimony.

The standard also reflects the changing commercial environment surrounding development. Rights of light advice is no longer confined to resolving neighbour disputes.

The new document expands the surveyor's role to include advising on geospatial data requirements, portfolio risk management, funding due diligence and insurance strategy.

This broader remit recognises that rights of light considerations have become a strategic issue affecting investment decisions long before planning applications are submitted. Early-stage technical advice is increasingly influencing site acquisition, scheme optimisation, funding negotiations and project viability.

Rights of light consultants are therefore becoming integral members of multidisciplinary development teams rather than specialists engaged only after disputes arise.

Another significant innovation is the inclusion of a formal Rights of Light Protocol. Rather than focusing primarily on litigation and settlement, the 2024 standard promotes structured exchange of information, transparency and early engagement between parties.

This mirrors wider trends across construction and property disputes, where collaborative resolution is increasingly preferred to adversarial proceedings. For surveyors, communication and negotiation skills have become just as important as technical expertise.

Most importantly, current APC candidates are fully aware of the importance of this standard and they are having a positive impact on the profession as a whole. In addition, clients reading this document will know what they can expect from a registered professional practice.

Advances in digital surveying, changes in judicial thinking, increasing professional regulation and growing commercial complexity have all reshaped rights of light practice.

The revised standard has established a clear expectation that modern rights of light surveyors must combine legal understanding, technical excellence, ethical professionalism and commercial awareness.

Practitioners embracing the enhanced requirements are well positioned to provide the robust, evidence-based advice increasingly demanded by developers, funders, insurers, legal advisers and the courts.

The standard also allows for the implications of further planned research, which was recognised by the judge in the recent case of Cooper v Ludgate House Ltd.