Right To Light - Birmingham Solicitors Personal Injury Solicitor

Construction Dispute - Right To Light

A large amount of property in England and Wales is protected by the ‘right to light’. But what exactly is a right to light, and what action can you take if it is being impinged upon?

What Is The ‘Right To Light’?

It is generally accepted that about half a room should be lit by natural light. In relative terms, this is the same amount of light given by one candle up to one foot away. This rule is known as a ‘right to light’, and is protected in England and Wales under common law, adverse possession, and by the 1832 Prescription Act.

However, unlike the right to freedom from noise, the right to light must be acquired. This can be achieved through registration or granted by deed. Additionally, if a window or an opening has had 20 years or more of unobstructed daylight, it automatically receives the right to light.

Construction Disputes And The Right To Light

If a property is protected by the right to light, then developments in the surrounding area are subject to certain restrictions. This is because if a new building reduces the amount of natural light coming in through a window or opening to an unacceptable level, then it will be deemed as an ‘obstruction’.

There are a number of potential obstructions that may affect a neighbour’s right to light, the most common of which are:-

A shed or garage;
A wall;
House extensions;
Housing or commercial developments.

Should a new development be found to obstruct the amount of natural light filtering through a window, then the affected party can take legal action.

What Action Can You Take?

If you think a new development will restrict the level of light you receive, then you are perfectly entitled to oppose it. Even if planning permission had already been granted by the local authority, a development may still be prevented.

Depending upon the nature of the problem, a successful bid against a new development could have a number of outcomes. For example, there may be the possibility of compensation and/or an order for the building to be reduced. Alternatively, the courts may issue and injunction to prevent the build entirely, or even to have the disputed construction dismantled. However, these injunctive proceedings can be expensive, and usually only happen in extreme cases.

If you are concerned about your right to light, you should first speak to an expert to discuss your options. A chartered surveyor will be able to assess how much your natural light will be affected, even while the development in question is still at the planning stages.

Furthermore, you should seek legal advice. A solicitor who specialises in construction disputes will be able to explain your rights to you, as well as help to settle the dispute, potentially without having to go to court.

Summary

If you have any queries regarding your right to light, you should contact a solicitor who specialises in construction law to discuss whether or not you would like to take legal action. If your rights are being encroached, then you may be awarded compensation, or have the plan altered in your favour.