Do you understand what the rules and regs surrounding the right to light are? In this handy guide we take a look at what this easement could mean for you —good and bad
EXTENSION MASTERCLASS
This terraced house has been extended with a small side-return extension that aligns with the original rear wall and follows the pitch of the existing rear first-floor roof pitch.
You may have heard the term ‘right to light’ and feel a little unsure of whether it is something that will affect your future plans for your home or garden —or even whether you have a case for lodging a complaint against a neighbour.
In the world of planning permission and Building Regulations it can be extremely confusing to fully understand which parts might apply to you, but if you are planning any kind of project, be that an extension, self-build or loft conversion, it really will pay to get up to speed on all the minutiae that could possible affect it.
“Rights of light (or a right to light) is a legal easement giving a property owner the right to enjoy the light passing over somebody else’s land and through ‘defined apertures’,” explains solicitor Mike Hansom of BLB Solicitors who specialises in property disputes. “It’s important to remember that the right of light is not a right to direct sunlight. Rather, it entitles the beneficiary to a minimum level of natural light, but not the sun’s direct rays.”
EXTENSION PL ANS
Those planning on altering their existing home, whether that be through an extension or renovation, or even replacing an existing property with a new selfbuild, may well have concerns over any potential right to light disputes. So just what are the rules?
NATASHA BRINSMEAD
Is associate editor of Homebuilding & Renovating and has renovated her own Edwardian home.
“Typically, ‘defined apertures’ are windows. For example, a new development (including a residential home extension) may well diminish the light through that aperture to such an extent that it causes a nuisance,” says Mike Hansom. “In that case, the property owner may have the right to take legal action.”
Not at all. The right does not apply to all buildings. “The most common way a property acquires rights of light is through ‘prescription’,” clarifies Mike. “Generally, any property having uninterrupted enjoyment of light for more than 20 years will acquire the rights to light. But that can be defeated if, before the expiry of 20 years duration, the light is obstructed for one year continuously.”
LEGAL ACTION
Although very few people would actually go out of their way to block light from entering the homes of those surrounding them, they do not have to: “The Rights of Light Act 1959 provides a
