A Guide to Right to Light Laws
If you’re considering building anything new, whether an extension to your home or a commercial development, it’s important to check that you have the legal clearance to do so. With approximately 50 laws governing everything from proximity to boundaries, building restrictions, and Party Walls, one of the most important considerations is the Right to Light law. If the law is not met, it can lead to stalled projects and expensive litigation, or worse, the buildings will have to be torn down. Blackacre Surveyors are specially equipped to ensure your projects are compliant and ready to begin with Right to Light Surveyors.
What Is the Right to Light?
This right is referred to as the Right to Light and entitles the owner of the property to light through specific openings and windows. The Prescription Act of 1832 establishes that the uninterrupted natural light that a building has enjoyed for 20 years or more may afford the owner a right to maintain light on those existing apertures. This is the case with all properties. As a result, any development needs to consider the Right to light. By defaulting on these laws, you can face a court case, have to pay sums of money, or even put the project on hold indefinitely, which is where our Right to Light Surveys come in.
How Blackacre Surveyors’ Right to Light Surveys Work
At Blackacre Surveyors, we take a strict line on these matters. We carefully assess your proposed development on the light neighbouring homes and commercial premises. Armed with the latest software and data analytics tools, we calculate whether your project will be an infringement of neighbouring rights. Our survey process includes:
On-Site Inspection: We will come to your property to see how your project will affect the properties around it.
Light Impact: Using leading 3D laser scanning techniques, we assess how much natural light your development could obstruct.
Compliance Report: We will provide a detailed compliance report after completing the analysis. We will advise you on changing the design to eliminate the legal risks if there are any infringements.
A Right to Light Survey should be undertaken before spending too much time and money on the project. Your project will, therefore, be protected from potential delays and legal issues.
The Legal Framework You Need to Know
The Right to Light is a common law right; the technical calculation that determines whether a property’s illumination has been or is being infringed upon is made using the Waldram Method, which works out how much light a property should receive; if less than 50 percent of a room is being lit for half the day, it’s presumably an infringement.
The Benefits of Choosing Blackacre Surveyors for Right to Light Surveys
Protecting your rights: By adhering to the requirements of the law from the very beginning, you avoid any problems later on.
Fewer Delays: Addressing light issues early means fewer disruptions during construction.
Better Neighbour Relations: Taking Right to Light laws seriously creates good relationships with your neighbour which is vital for all neighbourly matters.
Smarter planning: Our reports tell architects the precise measurements to build within so the project doesn’t affect anyone else.
The Risks of Skipping a Right to Light Survey
If you do not do a Right to Light Survey, at the very least, you stand to lose financially if a neighbouring owner sues you. Either way, your project will be stopped, you will lose money, and you might have to redesign it. Don’t take chances on a Right to Light Survey. Let us at Blackacre Surveyors handle it for you.
Stay Compliant and Stress-Free with Blackacre Surveyors
Act now to secure your project’s future. Contact us at Blackacres on 0203 476 9561 or email info@blackacresurveyors.com
Frequently Asked Questions (FAQs)
What is the Right to Light?
The Right to Light is a legal principle that allows property owners to receive natural light through their windows. If a building or structure significantly reduces this light, the affected owner may have a legal claim.
How is the Right to Light acquired?
A Right to Light is typically acquired if a window has received uninterrupted natural light for 20 years or more, under the Prescription Act 1832. It can also be granted through a legal agreement.
Can I stop my neighbor from blocking my light?
If a development significantly reduces your natural light, you may be able to negotiate changes, seek compensation, or, in some cases, apply for an injunction to prevent the obstruction.
Does planning permission override my Right to Light?
No, even if a building has planning permission, it does not override your Right to Light. You can still challenge the development if it significantly impacts your natural light.
How do I make a Right to Light claim?
To make a claim, you should:
Consult a Right to Light surveyor for an assessment.
Discuss the issue with your neighbor to seek a resolution.
Seek legal advice if necessary to negotiate or take legal action.