Rights of Light

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 of more than a
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 legal action against your neighbour.
Any kind of development can potentially block the light coming into your
home. For instance: A neighbours new shed, garden walls or extensions or
commercial development. If the developer hasn't taken your right to light
into consideration, you may have a case for compensation or for negotiating
changes to that development. Most cases usually involve a combination of
both.
House extensions are a common cause of right to light disputes as homeowners
may employ a local building firm to extend their property without knowing
the development could affect their neighbours. The most common problem is
where the neighbour has a window to the side of their house to which the
light is blocked by a high wall. On a small building project people rarely
employ a chartered surveyor, or a right to light specialist the first they
know of a problem is when they receive a letter from their neighbours
solicitor.
If you know a planned development may restrict your right to light, even
after planning permission has been granted, you are within your rights to
oppose it. Depending on the extent of the problem, should construction go
ahead, 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. However, a court is unlikely to grant an injunction against a
developer in cases where a small financial payment can be made as
compensation especially for minor matters or late applications. So think
carefully before pursuing this route, as injunctive proceedings can be very
expensive. However, if you do have a good case against a commercial
developer the law may uphold the rights of residential rather than
commercial property owners.
Always get professional advice before starting legal proceedings against
your neighbour or a commercial developer. Talk to a chartered surveyor, a
member of RICS, who specialises in right to light work. They 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 a development is still at the
planning stage, your chartered surveyor will be able to estimate the amount
of light that is likely to be lost as a result of the new structure. Your
surveyor will make a visual assessment, and help you decide whether or not
you have a sufficiently strong enough case to go to court. Some firms use 3D
modelling to calculate how the existing light will be affected by any
proposed change in the way light enters the building. By working out the
amount of light left, it is possible to assess how much compensation might
be paid. There are several specialists who can carry out this type of
assessment. Some chartered surveyors will either carry out the procedure
themselves or recommend another RICS surveying firm to do it for you.
Existing Buildings
If you are concerned that the light coming into your house or business has
been affected by an existing structure, you might still be able to take
legal action. In some cases, even after completion, the courts may demand
that a development is altered to minimise the impact on your property. This
is rare but does happen. Again, consult a chartered surveyor specialising in
this area and they will help you through the process for seeking
compensation or other positive action. Note: if you do find yourself in a
dispute over right to light, take advice from a professional but remember
you may have to pay for their advice and modify your plans to keep the peace
with your neighbours.