Toby Bowser from Hamilton Darcey discusses the ever-increasing issue of residents fighting for their right to light.
With development of our cities continuing throughout the UK and with cities becoming dense, ‘Right to Light’ is an issue that crops up more and more. Hamilton Darcey LLP regularly field queries and calls from concerned leaseholders and property managers from neighbouring developments asking for advice and guidance. In this article we will discuss what a ‘Right to Light’ is and the options available to neighbours of development sites.
What is ‘Right to Light’?
Right to Light is a form of easement that gives a building the right to receive ‘ordinary’ comfortable use and enjoyment of a dwelling, or ‘ordinary’ beneficial use and occupation of other buildings (i.e. commercial public buildings, etc.)..
What to Do If You Are Concerned About Your Right To Light
Although there are ‘rules of thumb’ used in the industry as a result of case law, there is no prescribed quantification of light levels, therefore each claim is assessed on a case-by-case basis. As you can see by the use of the words ‘ordinary’, ‘comfortable’ and ‘beneficial’, there is much nuance to assessing the impact on your property. Therefore, it is imperative you seek professional advice to this effect.
A right to light professional will assess the size and number of windows to your property, including room layout in the first instance. Following this they will measure or model lighting levels on the working planes within the building both before and after a proposed development is constructed and apply recognised calculations to assess the effect on the level of light.
Remedies
Injunctions can be placed upon a development where a right to light is infringed. Another avenue is to seek damages. This can prompt the neighbouring developer to take action either in amending the designs to reduce or remove any infringements on light or may prompt parties into entering negotiations for a monetary settlement.
Summary
If you have concerns that developments close to your property will have a detrimental impact on the Right to Light then there are options available to you to mitigate its impact.
Right to Light is a complex field and we would recommend seeking advice early from experts in this field who will be able to assess your claim and advise accordingly.
With experience in advising both developers and neighbouring we are well placed to provide expert advice to best protect your interests.
