Rights of Light

“I am a Partner at Naylor Solicitors, a law firm specialising in property disputes and resolution. I would be delighted to assist with any queries you may have. Please get in touch to arrange a no obligation consultation.”

How do you obtain rights of light?

There are several methods by which a property may acquire the right of light.

The law of prescription presumes that the right of light has been granted to those who have benefited from natural light through an aperture for more than 20 years without interruption and consent to claim to have acquired it. 

The right of light can also be acquired by express grant, or by an implied grant which can be granted in a transfer or a lease. Many modern buildings may also be capable of acquiring the right of light through the principle of transfer, where it may be possible to show coincidence between the new apertures and the historic ones. 

We can advise you on whether you have acquired the right of light, and provide expert legal advice on your remedies if that right has been interfered with.

Do I have a claim if my rights of light have been interfered with?

Once the right of light has been acquired (providing it has not been extinguished or otherwise lost), in order to bring a claim for the interference with the right to light you need to establish that:

• A neighbouring development has obstructed the passage of natural light to your property; and
• The reduction in light has caused substantial interference with your reasonable enjoyment of the property, to the extent that it amounts to a nuisance.

The amount of reduction in light will be based on lumens, a historical measurement for the illumination produced by a 1-foot candle over an area of one square foot. Whether a right of light case can be taken to court is based on the amount of light reduction by this measure, the area of the room, and the function of the space, an assessment for which a rights of light surveyor is needed.

If successful, you may have recourse to a variety of remedies:

• An injunction to prevent, modify or demolish the development;
• Damages to compensate you for your loss.

If you are seeking damages, we can help you find a reliable rights of light surveyor and assist you with formalising settlement discussions in the deed of release. If you are seeking an injunction, we can advise you upon the claim, prepare court proceedings and represent you in the litigation.

What do developers need to do?

Developers need to complete a risk assessment for the potential right of light claims before the development works begin to avoid:

• ending up with an injunction ordering them to demolish the building (or part of it); or
• being ordered to pay damages in lieu of an injunction.

The damages developers may have to pay could be considerable because they can be based on the percentage of their profit that would be generated by allowing them to retain the building that continues to interfere with the right of light. It is therefore imperative that developers seek expert advice from specialist surveyors and solicitors from the outset.

Developers’ options include:  

• Preventing neighbours from obtaining rights of light by serving a light obstruction notice;
• Negotiating formal releases from neighbours who already have acquired the right of light;
• Taking out a special insurance policy for rights of light.

Additionally, for large developments in the public interest, developers can apply to the local planning authority to exercise their statutory power under section 203 of the Housing and Planning Act 2016 to override rights of light. However, this is a last resort because it involves transferring ownership to the local planning authority.

As right to light solicitors, we can prepare and serve a light obstruction notice on behalf of developers and assist with formalising settlement negotiations in the deed of release.