Development & Light offer a full range of Rights to Light services for developers and impacted neighbouring owners. 

 

Contact us today for a free and confidential discussion about any Rights to Light concerns you may have on your project / property. 

 

Key Facts:

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• A Right to Light is a civil matter and is separate from daylight and sunlight as considered by Local Planning Authorities. It falls under the umbrella term of ‘Easements’. Rights of Light must therefore be considered even if planning permission has been granted.

 

• Rights to Light can affect both domestic and non-domestic properties and even non-habitable rooms enjoy the benefit of the right. 

 

• There are several ways in English law for a property to acquire a Right to Light over neighbouring land. However, by far the most common way is 20 years uninterrupted use – The 1832 Prescription Act. 

 

• A development may take away some of their neighbour’s light provided enough is left to facilitate day-to-day use and enjoyment of the property. 

 

• The primary remedy offered by the Courts for a Rights to Light infringement is Injunctive Relief. The award of an injunction means a developer would be forced to alter or deconstruct part of their building that causes the interference. 

 

• In reality, claims very rarely end up in Court and are typically agreed between the parties and their advisors. Once agreement has been reached on both sides, a legal deed is drawn up by the developer’s solicitors and compensation paid to the neighbour in exchange for a release of the light easement.​​