Right to Light Matters for Legal Advisors

If you are a legal advisor, you may be the first person a developer or a worried neighbour calls if they learn they may have a legal right to light problem.

Right to Light Issues You May Need To Assist

Your assistance will be invaluable – you will need to advise them on title matters, or matters relating to Light Obstruction Notices, and, in the event of there being issues that can be resolved by negotiation, then you will be required to draw up, or check, a Deed of Release.

Seek Right to Light Advice From the Experts

Here at Smith Marston, we are experienced in dealing with a wide range of loss of light legal cases. We provide specialist advice on legal right to light matters. We can advise and give guidance on the next steps in the legal process and support you with your case.

Learn How to Deal with Loss of Light Settlements

In certain situations, there may be no possibility of a negotiated settlement. If this is the case, you will be required to assist your client pre-court by way of advice over case law, pre-action protocol, Part 36 offers, obtaining injunctions, and of course, if matters proceed to court, your involvement will be essential.

Establishing If Right to Light Law Has Been Injured

Of course, before much of the above is required, it will first be necessary to establish if there is indeed an injury to light that might be classed as injurious. Often we find that whilst people will sometimes suffer ‘some’ loss of light, it can sometimes not be significant enough to demonstrate a legal injury worthy of pursuing through the courts.

We Can Assess the Situation

If you would like a Right to Light assessment undertaking for one of your clients, whether this be a developer or a neighbour to a development, we can help.

From basic risk assessments to very detailed assessments utilising 3D computer modelling and specialist Right to Light software, we can prepare reports for you and your clients. If required for legal action, we can prepare CPR 35 compliant reports.
If necessary, we can act as an Expert Witness or a Single Joint Expert. Get in touch to learn more about how we can help you and your client with right to light matters.

If you think we can be of assistance, then please contact us using the form below

If you have any drawings or photos please email them to [email protected]


If their rights to light have been infringed upon, your client will be entitled to claim compensation. It is then down to the legal process as to whether a compensatory amount will be agreed upon or whether they will settle for an alternative way to remedy the situation.

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 an injunction.

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).

CHILD and Child logo

“I have worked with Smith Marston and in particular Adrian Marston on a number of rights of light matters and have always found his knowledge of this specialist area to be first class. This coupled with Smith Marston’s very high service standards have enabled us to secure some excellent results in taking preventative action to safeguard legal rights that would otherwise have been infringed. One particular example involved taking steps to require a development to be halted and, ultimately, reversed, primarily on the evidence contained within Adrian’s report as to current and potential future losses. Adrian’s reports cut through a lot of the complicated jargon often used in these matters and presents the information necessary to take effective action in a clear and logical way. I would not hesitate in recommending him.”

James Beat, Child and Child

“I instructed Adrian as an expert in a Right to Light case involving commercial property in Newcastle. Adrian’s specialist knowledge of this field, attention to detail and commercial advice were invaluable in achieving a good outcome for my client”.

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