What every property owner should know
As a property owner, you can acquire a legal right to a certain amount of light. In your home, just over half the room should be lit by natural light and about half the room in a commercial building. In general terms, the minimum amount of light is equivalent to the light from one candle, one foot away.
What is a “right to light”?
A right to light may be acquired by anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat and without interruption for more than one year.
Your right to light is protected in England and Wales under common law, adverse possession or by the Prescription Act 1832. If a new building limits the amount of light coming in through a window and the level of light inside falls below the accepted level, then this constitutes an obstruction.
Unless you waive your rights, you are entitled to take action against your neighbour. Any kind of development can potentially block the light coming into your home. Examples: a neighbour's shed, garden walls, extensions, new housing and commercial developments.
If a developer has not taken into account ones right to light, you may have a case for compensation or for negotiating changes to the development. Most cases involve a combination of both.
House extensions are a common cause of right of light disputes because homeowners often employ a local builder to extend their property without knowing that their development could affect their neighbours.
The most common problem is where the neighbour has a window on the side of their house, to which light is blocked by a high wall.
On small building projects people rarely employ a surveyor or a right to light specialist. Often they first become aware of a problem when they receive a letter from their neighbour’s solicitor.
What can you do?
If you know a proposed development may restrict your right to light, even after planning permission has been granted, you have the right to oppose it.
Depending on the particular circumstances, if construction proceeds, the courts are able to either award compensation, cut back the offending part of the development or a combination of both. In extreme cases, the court may issue an injunction to prevent the development altogether.
Bear in mind that a court is unlikely to grant an injunction against a developer in cases where a small payment can be made as compensation, especially for minor matters.
You should also bear in mind that legal proceedings, particularly those leading to an injunction can be very expensive.
If you have a good case against a commercial development, the law may uphold the rights of residential rather than commercial property owners.
If you are concerned that light coming towards your house or building has been affected by an existing structure, you may still be able to take legal action. In some cases, even after completion of a development, the courts may determine that a development must be altered to minimise its impact on your property. However, this is rare.
One should always consult a professional specialising in this area before starting any legal proceedings against a neighbour or a commercial developer. A specialist will be able to explain exactly what your rights are and help you resolve the problem, if possible without having to go to court.
If you are planning a development, your surveyor or designer should be able to estimate the amount of light that may be lost as result of the proposed building or structure. Some practices use three dimensional modelling to assess how light will be affected by a proposal. By working out the amount of light left, it is possible to establish an appropriate amount of compensation.
If you find yourself in a dispute over right to light, you should seek the advice of a professional and bear in mind that your plans may have to be modified to keep the peace with your neighbours.
When a Building Regulations application is checked, right to light is not considered.
To find a chartered surveyor in your area you can call the RICS contact centre on 0870 333 1600 or visit the RICS website: www.rics.org.
The ABE may be contacted on 0845 126 1058 or visit the ABE website: www.abe.org.uk.
This guidance note is based on information provided by the RICS. It was produced to provide basic guidance for the general public, not to be the last word.
- The guidance was right at the time of writing (Februayr 2007).
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