What is the right to light?

If you are developing land for property, there are many legal aspects to consider, including the right to light.

Developers often assume that they will avoid a right to light claim if they have secured planning permission. Unfortunately, this is not the case, and having an easement in place can save property developers a lot of time, stress and money.

So, what does the right to light mean, and why is it so important?

What is a right to light?

The right to light is a type of legal easement that gives property owners the right to enjoy unobstructed light from surrounding land through windows, skylights or roofs. If this light is obstructed by a new development, or an extension to an existing development, the neighbouring property owner/s may have the right to take legal action.

A right to light does not mean that neighbouring homeowners have the right to direct sunlight; it simply entitles them to a minimum level of ‘natural’ illumination.

What does the right to light apply to?

The 20-year right to light rule

Right to light applies to all properties in England and Wales that have received natural daylight for more than 20 years. The easement guarantees landowners or homeowners that their building will continue to receive this natural light.

Natural light is not only for the property owner’s benefit; the building itself can suffer appearance-wise from the shadows of surrounding developments. It can even lose its value.

What’s not included?

Right to light does not include:

• Undeveloped land that has not been built on, such as a garden.
  • The right to light is only granted to buildings that would benefit from access to light.
• Access to direct sunlight; the right refers to ‘sufficient natural illumination’.
• The right to uninterrupted views from the property, e.g. the sky.
• A right to the same amount of natural light received before an obstruction arose.
  • Light levels can be reduced if the remaining light is sufficient for the ordinary use of the room in question. For example, a kitchen requires more light than a storage cupboard.

Why understanding the right to light is important

If you are developing land or building property, considering neighbouring properties’ right to light from the outset can prevent the likelihood of a dispute or claim further down the line.

Right to light not only applies to residential homes. It recognises the value of natural light inside buildings and in the construction of offices and other commercial premises. It may seem far-fetched, but a lack of consideration for natural lighting in commercial properties can have a knock-on effect on the provision of jobs.

If you are considering building or development work, you should consider any surrounding buildings’ rights to light, even if their owners have yet to raise concerns.

How do I acquire a right to light easement?

There are a few ways in which this easement can be granted, such as:

• Prescription
• An express grant
• An implied grant

Prescription

The most common way of acquiring the right to light is under the Prescription Act 1832. Any property that receives uninterrupted light for more than 20 years automatically acquires the right to light. However, if this light is obstructed continuously for one year without complaint, before the 20-year period expires, the right is not granted over the obstructed property.

An express grant

Just as any other right, a right to light can be granted if it’s documented in a formal deed and registered at the Land Registry.

An implied grant

This may occur when an agreement has been made without a formal express agreement, and the court finds that it was implied that a property had the right to light.

How to make a right to light claim

Disputes often arise when new builds or extensions obstruct the light enjoyed by residents of existing properties. Other obstructions, such as trees or hedges that obscure natural light through a window or door, can also lead to a claim.

To establish a dispute, it must be proven that a property or other obstruction has substantially reduced the light within another property. Even if this property was already badly lit, the level of reduction in light will still be determined.

If a violation of the right to light is proven, development may have to be stopped or prevented. The court can even order the demolition of property. Developers may also have to pay damages to the Claimant/s.

If you are developing land and are subject to a right to light claim, we can help. We can advise you on the next steps and help limit the likelihood of an injunction being placed on you.

Our commercial property solicitors also advise developers at the planning stage of property development. This includes carrying out title reviews and advising you on right to light easements to limit the risk of disputes occurring during or after the build.

Get in touch with our property litigation solicitors

For common sense advice about right to light easements or disputes, or any other property-related issue, get in touch. Call our property litigation solicitors on 0117 325 2929 or fill out our online enquiry form.