Most developers will be aware that if a development overhangs a highway that they must seek a licence from the Highway Authority, however, you may not be aware that if a development's balconies overhang the Thames, a licence will need to be granted by the Port of London Authority to undertake those works and that the licence will need to be transferred at the time of sale of the freehold.
Section 66 of the Port of London Act 1968 ("the 1968 Act") requires a licence to carry out any works of any nature whether in, under, or over the Thames. This would, therefore, include any balconies on riverside properties which directly overhang the Thames. You will not need a licence if the development is set back from the Thames.
In order to grant the licence, the Port of London will require detailed information about the works and a premium will be payable for the grant of the licence. The consideration is to be agreed between the parties or, if not agreed, referred to an arbitrator.
It should be noted if the development is later transferred or sold, the licence will need to be assigned and the incoming owner will need to make a further application to the Port of London for the licence to be transferred to them.
If a licence is not obtained, the Port of London can seek criminal sanctions for the failure to hold a licence which could result in a substantial fine.
It is, therefore, imperative that if you are looking to develop or purchase a riverside site that you take appropriate advice as to whether a licence is required.
