We offer basic and detailed right to light assessments for various cases. Our assessments will be able to determine whether or not there has been or will be a significant loss of light as a result of neighbouring building work. If there is a substantial loss, the client can make a claim for compensation or [...]
We can assess your client’s property to determine whether or not their light is at risk of being threatened or infringed upon. Once we have completed the assessment, they can submit a planning objection. Please note right to light is not grounds for a planning objection (albeit, loss of daylight and sunlight may be).
People often enquire about neighbours’ trees that they are concerned are obstructing windows and their home’s access to light. To make an inquiry, simply get in touch with our team. Read More
After twenty years of light passage through a window, the windows will generally obtain a legal right to light. In order to prevent the window from obtaining a right to the full amount of light it currently accesses, the passage of part of the light must be interrupted for a 12-month period, which can be [...]
Case law has determined that a legal right of light can be obtained through a defined aperture in a building. Statute states that there can be rights of light where there is the passage of daylight through such openings providing natural light to “…any dwellinghouse, workshop or other building”. It follows from the general legal [...]
Generally, a legal right of light is obtained and legal action is taken via the Prescription Act 1832. Section 3 of this Act refers to light in relation to “… any dwellinghouse, workshop or other building”. The Rights of Light Act 1959 similarly refers to these examples of buildings which are capable of obtaining a [...]
In short – no, you can’t. But all is not lost… The reason being is that the Local Authority Planning department is not obliged or able to assess legal easements (a right to light is an easement); they must determine a planning application based upon compliance with their planning policies. Therefore, your concern regarding the [...]
Absolutely, in certain situations, most commonly when neighbours have windows over 20 years of age. When we consider small dormer windows that penetrate from the front or rear roof slope of a main house roof, the windows in the main vertical house wall of houses either side will not be able to see the dormer [...]
Scenarios such as this are not uncommon. The impact of extensions like the one described can be considered through several measures. One test is using the ‘45-degree’ test is the ‘rule of thumb’ check for extensions which are perpendicular to the rear wall. For single-storey extensions like the one described, you will likely find you [...]
The Local Authority Planning department considers compliance with their planning policies to determine planning applications. They are unable to assess legal easements such as right to light. Unfortunately, they will not consider the impact on right to light in an objection.
