Right to Light: Protecting your property and avoiding disputes

The Right to Light is a legal entitlement that allows property owners to receive natural light through windows or other openings. If a property has enjoyed uninterrupted light for at least 20 years, this right becomes legally protected under common law and the Prescription Act 1832.

If a new development significantly reduces the natural light entering your property, it may constitute an infringement, which could result in legal action. At Ashtons Legal, our Property Dispute Resolution team can guide you through the complexities of Right to Light claims, helping you protect your property and avoid unnecessary disputes.

How can a Right to Light Claim arise?

A Right to Light claim typically arises when:

• a new building, extension, or structure obstructs the natural light reaching your property
• the remaining light is insufficient for the ordinary use of your premises
• the obstruction substantially affects your enjoyment of the property, such as by making rooms darker or reducing their usability.

The legal test for infringement is whether the light remaining is adequate for the property’s normal purpose. If it falls below the “50:50 rule” (where less than 50% of a room receives adequate light), you may have a legitimate claim.

How to avoid a Right to Light Claim

If you are planning a new development, taking the right precautions can help prevent costly disputes. Our team at Ashtons Legal can assist you in:

1. Conducting a Right to Light Survey

Before starting construction, it is advisable to conduct a Right to Light survey to assess the impact on neighbouring properties. We work with surveyors to provide a clear assessment of potential risks.

2. Checking Existing Rights

We can help review title deeds and legal documents to identify any pre-existing Right to Light easements that may affect your project.

3. Seeking Neighbour Agreements

Engaging with neighbours early can prevent disputes before they arise. We can facilitate discussions and draft Deeds of Release or Light Obstruction Notices, which help clarify rights and minimize legal risks.

4. Designing to Reduce Impact

Where necessary, adjustments to your design, such as reducing building height or modifying placement, can help ensure compliance with Right to Light laws.

What to do if you have a Right to Light Claim

If you believe your Right to Light has been compromised, taking swift action is essential. At Ashtons Legal, we can assist you in:

1. Assessing the Impact

We can help you determine whether the loss of light is substantial and if you have a valid legal claim. This involves gathering evidence, including:

• Photographs of affected areas
• Surveys or reports demonstrating the level of light before and after obstruction
• Expert assessments on the usability of the space.

2. Engaging in Negotiations

Many disputes are resolved through negotiation, where the developer may offer compensation or alter their plans to reduce the impact. We act on your behalf to secure the best possible outcome.

3. Seeking an Injunction or Compensation

If necessary, we can help you pursue legal action. Remedies may include:

• An injunction to halt construction or require changes to the development
• Financial compensation if an injunction is not granted.

Courts generally favour injunctions in cases where the loss of light is significant or where the developer has acted in bad faith.

Contact our Property Disputes solicitors today

At Ashtons Legal, we specialise in Right to Light disputes and can provide expert guidance whether you are a developer, homeowner, or business owner. Please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.