How to Register a Light Obstruction Notice

This article explains how to register a Light Obstruction Notice with HM Land Registry, step by step. It sets out the legal framework, the documentation required, the process of lodging the notice, and the practical considerations surveyors, solicitors, and developers need to keep in mind.

Protecting development sites from potential rights to light claims has become an essential part of project planning across England and Wales. One of the most effective tools available to landowners and developers is the Light Obstruction Notice (LON). When registered properly, a Light Obstruction Notice allows you to block the future acquisition of rights to light by prescription, giving you greater certainty when progressing with a scheme.

What is a Light Obstruction Notice?

A Light Obstruction Notice is a statutory mechanism under section 2 of the Rights of Light Act 1959. It allows a landowner to lodge a notice with HM Land Registry that has the effect of stopping neighbouring owners from acquiring a right to light by long use (prescription).

In practice, the LON acts as a form of statutory interruption. It is treated in law as though a physical obstruction had been erected that blocked the light passing over your land into the neighbour’s building. Once registered, the notice interrupts time for prescription purposes, meaning the 20-year period under the Prescription Act 1832 cannot be completed.

Why Register a Light Obstruction Notice?

Protect development sites – avoid neighbours gaining rights to light that could restrict building heights or massing.

Manage legal risk – reduce the chance of future injunctions or damages claims.

Preserve flexibility – safeguard long-term land value by preventing prescriptive rights from arising.

Delay or stop acquisition of rights – break the continuity of the 20-year enjoyment period.

Without a LON, a neighbour could potentially claim a right to light that complicates planning or requires costly settlements.

Step-by-Step Guide: How to Register a Light Obstruction Notice

Step 1 – Identify the Risk of Prescriptive Rights

Before preparing a LON, you must first assess whether neighbouring properties are in the process of acquiring rights to light. This involves:

Reviewing the age of surrounding buildings and when windows were first opened.

Establishing whether the 20-year prescriptive period is close to completion.

Taking professional advice from a rights to light surveyor to determine which windows might qualify.

This initial assessment is crucial. A LON is not a general protection – it must be carefully targeted at specific properties and apertures.

Step 2 – Prepare a Surveyor’s Plan

The LON must be supported by a detailed plan prepared by a rights to light surveyor. The plan should:

Show the land from which light is alleged to be enjoyed.

Clearly identify the property against which the notice is lodged.

Indicate the affected windows or elevations.

Be drawn to Land Registry compliant mapping standards.

Accuracy is essential. A poorly prepared plan can render the LON defective or open to challenge.

Step 3 – Draft the Light Obstruction Notice

The notice itself must:

Be made in the prescribed statutory form under the Rights of Light Act 1959.

Identify the land affected and the neighbouring land over which rights are claimed.

Specify that it is intended to operate as an obstruction for a period of at least one year.

Be signed by the applicant or their solicitor.

Solicitors usually draft the notice based on instructions from the surveyor and landowner.

Step 4 – Choose the Method of Registration

The LON must be lodged with HM Land Registry either:

As a unilateral notice on the title register of the land benefitting from light, or

By way of a caution against first registration if the land has not yet been registered.

The appropriate method depends on whether the neighbouring property is registered or unregistered land.

Step 5 – Complete the Application Forms

The key forms typically required include:

Form UN1 – application for entry of a unilateral notice (registered land).

Form CT1 – application for a caution against first registration (unregistered land).

Form AP1 – for certain applications where registration is required.

Along with the forms, you must submit:

The drafted Light Obstruction Notice.

The surveyor’s plan.

The appropriate Land Registry fee.

Step 6 – Submit to HM Land Registry

Applications are lodged with HM Land Registry electronically (via the Portal for solicitors) or by post.

The Land Registry will:

Examine the application to check it meets statutory requirements.

Enter the LON on the register or record it as a caution.

Notify the affected landowner (the neighbour) of the entry.

It is important to anticipate that the neighbour may raise objections. If they do, the matter may be referred to the First-tier Tribunal (Property Chamber) for determination.

Step 7 – Monitor and Renew

A Light Obstruction Notice only operates for the period specified (minimum one year). To maintain protection, you must:

Monitor expiry dates.

Renew the notice by re-lodging before expiry if long-term protection is needed.

Keep under review whether rights to light risks remain relevant to the scheme.

This makes diarising renewals a critical task for solicitors and developers managing portfolios.

Practical Considerations When Registering a LON

Evidence of enjoyment – The LON interrupts prescriptive rights, but if a neighbour has already completed 20 years of use before the notice is registered, they may already have an accrued right. Timing is key.

Neighbour relations – Service of a LON can alert neighbours to potential disputes. Consider whether to combine the strategy with negotiation or settlement.

Integration with development strategy – LONs are only one tool. Developers should align them with planning applications, rights to light analysis, and legal advice.

Cost vs benefit – While relatively inexpensive, the value of avoiding a potential injunction or damages claim can be significant.

Common Mistakes to Avoid

Failing to specify the correct land or apertures – imprecision makes the notice vulnerable.

Not renewing the notice – allowing a gap can permit rights to accrue.

Assuming a LON defeats all claims – it only interrupts prescription; it does not remove existing rights.

Overlooking unregistered land – where the neighbour’s property is unregistered, you must lodge a caution.

FAQs: How to Register a Light Obstruction Notice

What legislation governs Light Obstruction Notices?

The Rights of Light Act 1959 provides the statutory framework for LONs in England and Wales.

Does a LON permanently stop rights to light?

No. A LON interrupts the prescriptive period, but protection lasts only for the duration specified (minimum one year). Renewals are needed for ongoing protection.

Who can apply for a Light Obstruction Notice?

Only the landowner of the site over which light passes can apply. Solicitors usually act on behalf of landowners.

How much does it cost to register a LON?

Land Registry fees are modest (typically between £20 and £40 per notice). Professional fees for solicitors and surveyors will be higher, depending on complexity.

Can a neighbour challenge a LON?

Yes. Affected owners are notified and may object. If unresolved, disputes are referred to the First-tier Tribunal.

Do I need both a surveyor and a solicitor?

In practice, yes. A surveyor prepares the technical plan and analysis, while a solicitor drafts and lodges the notice with HM Land Registry.

Is a LON necessary if planning permission is already granted?

Yes. Planning permission does not override rights to light. A LON provides separate protection against prescriptive claims.

Conclusion

Registering a Light Obstruction Notice with HM Land Registry is a critical risk-management step for developers and landowners in England and Wales. By following a clear procedure – from assessing risk, commissioning a surveyor’s plan, drafting the notice, and lodging it correctly – you can prevent the accrual of prescriptive rights that may otherwise constrain your project.

Although the process is relatively straightforward, precision is essential. A defective notice or a missed renewal can undermine protection. Solicitors, surveyors, and developers should work closely together to ensure notices are prepared, registered, and renewed in line with development timelines.

If you are considering a LON as part of your strategy, professional advice from experienced rights to light consultants and solicitors will ensure your interests are fully protected.

Need Expert Advice on Light Obstruction Notices?

At Anstey Horne, our specialist Rights to Light surveyors have extensive experience advising developers, property owners, and legal teams across the UK. We help identify risks, negotiate solutions, and ensure your project progresses with confidence. Contact us today to discuss how we can help resolve any Rights to Light concerns.

For more information on Light Obstruction notices see the collection of articles on all aspect of this service in our blog.

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