What To Do If Your Neighbour’s Building Work is Blocking Your Right To Light
If your neighbour is doing some building work and you think it is blocking your right to light, you will need to determine if this is legal or not, and in some circumstances, you could still be eligible for compensation or to stop the overall work, even if planning permission was granted.
If construction is still underway, it is sensible to act promptly. Gathering evidence, checking the planning position and obtaining specialist advice can give you a clearer idea of what options are available.
But importantly, any reduction in daylight is automatically a breach. This is known as a ‘right to light’ is a separate legal property right, and the situation can depend on the history of your property, the affected windows and the nature of the development.
What you should if you think your neighbour’s development is blocking your light:
1. Check your right to light
Check your deeds and title documents to see whether you have an established right to light. In some cases, this can arise after 20 years of uninterrupted light.
2. Gather evidence
Take dated photos of the affected windows and building work. Keep old photos, plans and any correspondence that shows how the situation has changed.
3. Check planning permission
Look at your neighbour’s planning application and approved plans. Remember, planning permission does not automatically override a private right to light.
4. Get a specialist assessment
If the loss of light is significant, ask a right-to-light surveyor to assess the impact and provide evidence.
5. Speak to a solicitor
If there appears to be an infringement, get advice from a property solicitor. They can explain your options, which may include compensation or an injunction.
What is right to light?
A right to light is a legal right allowing natural light to reach a property through a defined opening, such as a window or skylight. It is a legal title that is attached to the property rather than simply being a personal agreement between neighbours.
Not every property has a right to light. The right can arise in different ways, including through an express agreement or through long use.
This is why having a large window that has always received daylight does not, by itself, prove that you have a legal right to light.
How long does a right to light take to develop?
In many cases, a right to light can be established after 20 years of uninterrupted use. This means the property must have received natural light through a particular window for at least 20 years without the right being legally interrupted.
The 20-year period comes from the Prescription Act 1832. However, simply having a window that is more than 20 years old does not automatically give you a legal right to light.
Other factors need to be considered, including how the light has been received, the history of the property and whether there are any legal documents affecting the right.
So, if your neighbour’s building work is blocking light through a window that has received natural light for 20 years or more, you may have grounds to investigate a right-to-light claim. It is worth getting advice from a property solicitor before assuming that you have an enforceable right.
Does losing daylight automatically mean your right to light has been blocked?
No. A darker room does not automatically mean that your legal right has been infringed.
The amount and quality of light reaching your property can be assessed in different ways. The position of the window, the size of the room and the effect of the neighbouring building can all be relevant.
A specialist right-to-light surveyor can assess the impact and determine whether the reduction may be legally significant. Planning Portal recommends considering a right-of-light survey where there is a potential issue.
