Under the Prescription Act 1832, your neighbour has the Right of Light once their enjoyment of natural sunlight has been enjoyed through a window, uninterrupted, for twenty years or more. As the Right of Light is a civil matter, you need to consider it even if you’ve been granted planning permission.
It’s also important to note that Right of Light affects both domestic and non-domestic rooms with non-habitable rooms also entitled to a Right of Light.
If your building project infringes your neighbour’s Right of Light, they have a right to seek an injunction to have your proposed development altered and reduced to maintain the minimum light level specified under The Prescription Act 1832. Despite this, if your project only slightly reduces their levels of light, a court may instead award them compensation.
Professional Right to Light Surveyors in London
Whilst your neighbour may have a Right of Light, this does not mean they’re entitled to all the light they currently receive. Our specialist Right of Light surveyors use mathematical calculations and advanced computer software in order to accurately and quickly ascertain whether your proposed development is an infringement on anyone’s Right of Light.
Our Right of Light surveyors will be able to let you know:
- Whether your neighbours’ Right of Light is being infringed upon
- Any risks of potential injunctions and claims
- Where there are risks of infringing Right of Light, the amount of compensation you can expect to pay
- The best strategies for approaching a development with Right of Light risks
Common causes of Light of Right disputes
AMU Surveys have advised a number of clients who’ve been surprised to find a solicitor’s letter on their door. Often, building a high wall or adding an extension that falls within your Permitted Development rights can infringe your neighbour’s Right of Light.
By employing a Right of Light surveyor, you can easily avoid paying compensation or changing your development.
For more information about Right of Light and to ensure you don’t end up with a surprise solicitor’s letter, call AMU Surveys today on 0208 799 7430 or contact us online.