A legal battle is brewing in London’s financial district as Kuwait’s sovereign wealth fund sues the developers of a new skyscraper, claiming the building will steal sunlight from their property.
The dispute centres around 50 Fenchurch Street, a 36-storey tower currently under construction in the City of London. Kuwait’s investment fund, which owns the nearby Willis building through its property company St Martins Property, claims the new skyscraper will “materially reduce the light” coming through windows in its building, creating “substantial interference” that amounts to a legal nuisance.
This is not just about a bit less sunshine, but about protecting a valuable property investment and the legal “Right to Light” that comes with owning buildings in densely-packed cities like London.
Right to Light
In English law, property owners can claim a “Right to Light” if they’ve enjoyed natural light through their windows for at least twenty years. This ancient legal principle protects buildings from being plunged into darkness by new developments.
The Willis building, completed in 2008 and home to insurance giant Willis Towers Watson, sits just a few minutes’ walk from the new tower. Its owners argue they have the legal right to keep their current level of natural light.
This case highlights the ongoing tension in London’s financial district, where every new skyscraper potentially blocks light from existing buildings. The City has seen a construction boom in recent years, with famous towers like:
- The “Cheesegrater” (122 Leadenhall Street)
- The “Walkie-Talkie” (20 Fenchurch Street)
- 22 Bishopsgate (which faced a similar lawsuit in 2016)
Now, a new wave of towers is planned for the “eastern corridor” along Gracechurch Street and Fenchurch Street, creating even more potential for light-blocking disputes.
The New Tower: 50 Fenchurch Street
The building at the centre of the dispute is no ordinary office block. It has:
- 36 storeys of mixed-use office space
- 62,000 square metres of office space
- Panoramic views over Tower Bridge, the Tower of London, and the South Bank
- Low carbon design – planned to be one of the UK’s most environmentally friendly office towers
- Completion date: 2028
- Current status: Pre-construction phase
The tower received planning permission five years ago and sits on over an acre of prime London real estate at the southern edge of the City’s main cluster of skyscrapers.
The loss of natural light could significantly reduce the value and attractiveness of a building. Tenants pay premium rents for bright, naturally lit office spaces.
A legal dispute could halt construction or force expensive design changes. The project represents a massive investment in London’s commercial property market.
The case could set important precedents for future skyscraper developments in the increasingly crowded financial district.
In 2016, the developers of 22 Bishopsgate faced a similar claim. That dispute was resolved when the City of London Corporation stepped in to provide compensation to the affected property owner. The Kuwait case could follow a similar path, with financial compensation replacing an outright ban on construction.
The sovereign wealth fund is seeking either an injunction to stop the development from being completed in its current form, or financial damages to compensate for the loss of light and property value. The developers have dismissed the claims as “without merit”.