Expert advice for neighbours and homeowners
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Are you concerned about a proposed and nearby development that may block your light in your home? Or maybe your neighbour’s tree is blocking your light. These experts will be able to advise you on your legal rights and produce a right to light report to support your case.
These Right to Light surveyors can also provide you with BRE daylight and sunlight assessments for planning. These assessments are normally required by the local planning authority to establish if the development will have an impact on the neighbouring properties’ daylight.
The Right to Light and Daylight surveys both measure the reduction in light but are different in that the Right to Light is a legal issue while Sunlight and Daylight Reports help planning authorities establish the impact of a proposed development on surrounding properties.
In England and Wales, a Right of Light is a right to enjoy your property and it is a civil matter. It’s usually granted under the Prescription Act 1832 for windows over 20 years old. An owner may be compensated for their loss of light, or in some cases, get an injunction to stop or demolish the offending development. To pursue the case the owner would need to go to the civil courts. A Daylight Sunlight assessment is used to support a planning application. It is a document required by local planning authorities to check the impact of the proposed development schemes on neighbouring properties.
A Right of Light is a right enjoyed by a property. The owner is meant to receive a specific amount of sky over a neighbour’s land. If that sky is blocked by development, which means that there is a blocking of the Right to Light, there are grounds to fix or compensate for this. The owner can apply for an injunction over the offending structure, however many people settle for compensation to ‘release’ their light.
According to Section 3 of the Prescription Act 1832, only windows that have enjoyed uninterrupted light for a period of 20 years, will be granted ‘ancient light’ status and will benefit from a Right of Light.
Natural light is recognised in law that if this is reduced to below a certain level it becomes a loss. The rule of thumb is for the natural light to light around 50-55% of the room area. There may be grounds for a claim if the room area receives less light than this. The Right of Light only considers light from the sky alone and doesn’t include sunlight.
Right to Light Surveyors specialise in assessing and managing issues related to the right to light. They can assess the current levels of natural light and support the homeowner to find solutions to minimise the impact or to get compensation.
The cost can vary case by case and is dependent on the size of the development and what is required. Contact a Right to Light surveyor for initial advice and a quote.
Developers can take out insurance to protect themselves from any financial consequences as a result of a successful claim made by a neighbour.
When applying for planning permission in a populated area, the local planning authority may require a Daylight Sunlight report as part of the planning application. The assessment typically follows the BRE Building Research Establishments guidance for developers and includes limits for daylighting, sunlighting and overshadowing.
No. You may be able to get the tree cut back if it is blocking light to a window, conservatory or glass door, as long as they have been there for at least 20 years. Even so, it’s not certain that you have a strong case as trees (and all deciduous trees in the winter) will usually let some light through, compared to a building.
No – the Right of Light only applies to window and door openings of more than 20 years old.
No – this is a civil matter. But a report can help strengthen your case to go to the developer for compensation.
