Rights to Light – Rights of Light

Brian Gale Surveyors are able to give professional and helpful advice in the field of ‘Rights to Light’ or ‘Rights of Light’.

Many people are not aware that as an owner of a property in the UK you can acquire a legal right to a certain amount of natural light.

What is a ‘Right to Light’?

Your right to light is protected in England and Wales under common law, adverse possession or by the Prescription Act 1832. If a new building or addition to a building limits the amount of  natural light coming in through a window and the level of light inside your property falls below the accepted legal level, then this constitutes an obstruction. Unless you waive your rights you are fully entitled to take legal action against your neighbour to rectify this problem or be paid compensation.

There are many situations where various types of  ‘building development’  that can potentially block the light coming into your property and where you would be entitled to a form of compensation.

For example:

  • A neighbour’s new shed
  • Garden walls
  • Extensions
  • Part of a new housing development
  • Conservatories
  • New commercial buildings near your property

If the builder/developer/neighbour hasn’t taken your ‘Right to Light’ into consideration, you may well have a case for financial compensation or for negotiating changes to that development (which allow building work to go ahead but does not diminish your light).  With most cases that we give advice on at Brian Gale Surveyors it normally involves a combination of compensation and changes to the build.

We work with homes and businesses across Surrey, Sussex and London.

To discuss your own ‘Rights to Light’ concerns please get in contact with us by completing the forms on this page or by giving us a call on 01737 245947.

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