When you own a property, there are certain things that you need to be able to access in order to have full use and enjoyment of it.
Under the law, one of these rights is to a specified minimum level of natural light into your property through ‘defined apertures’ – typically windows.
Most properties are built with natural light levels in mind, but you may face a challenge to your ‘right to light’ if developers apply to build on nearby land, for example.
Owners of a property have the right to a certain level of natural light within their property, even when that light covers someone else’s land or property. This applies only to the building itself, rather than, for example, the garden.
What this means in practice is that you have the right to object to construction work or development that would obstruct this natural light if your property has enjoyed this light for an uninterrupted period of 20 years or more, as stated by the Prescription Act 1832.
The Rights of Light Act 1959 defines an interruption in the enjoyment of light as one year or more.
The 1959 Act also reaffirms the 1832 Act as the most common and easiest way to obtain the right to light.
You will automatically obtain the right to light for your property after 20 years of ‘enjoyment without interruption’. When this occurs, you can issue an objection to any building work or development that would obstruct light from entering your property.
You must do this within 12 months of the light being obstructed.
You’ll be asked to demonstrate:
It’s a good rule of thumb that a developer should inform all local residents about a potential obstruction where they have identified one, as this can avoid disputes and can protect both parties in the event of Court proceedings.
There are three possible outcomes once you have made a right to light claim:
Injunctions are more rarely granted than damages as the Courts seek to balance the needs of the claimant and defendant. This is particularly true if the development is already completed, as it may have tenants, or the cost to demolish all or part of it may be deemed too high.
If you’re considering making a right to light claim, please contact our Dispute Resolution team today for tailored advice.
