What is a Right to Light?

What is a Right to Light and how does it affect property development?

When developing or altering buildings, understanding the legal rights of neighbours and the impact on natural light is crucial. One frequently misunderstood but highly significant issue is the Right to Light. This right can influence planning decisions, delay construction, or even lead to compensation claims or injunctions.

So, what is a Right to Light, and why should property owners—whether developers, homeowners, or landlords—care about it?

This detailed guide demystifies the concept, explains how rights are acquired and enforced, and outlines what property owners should consider to protect their interests.

What is a Right to Light?

In essence, a Right to Light is a type of easement—a legal entitlement that allows a building or property to receive natural light through defined openings.

Once established, it means that a neighbour cannot legally block that light by erecting a structure that significantly interferes with the amount of natural light received.

A Right to Light is separate from planning permission and Building Regulations. Even if a development has planning approval, it may still infringe on a neighbouring property’s Right to Light, potentially leading to private legal action.

How is a Right to Light Acquired?

There are several ways in which a Right to Light can be acquired:

1. Prescription (20 Years’ Use)

The most common way is through long-term, uninterrupted use—known as prescription. If a window has received natural daylight for at least 20 years, and no permission was sought or granted to obstruct it, the property may have gained a legal Right to Light.

This is established under the Prescription Act 1832, which provides the legal basis for acquiring easements through long-term enjoyment.

2. Express Grant or Deed

A Right to Light can also be formally granted through a legal agreement or deed between landowners, often during the sale or development of property.

3. Implied Grant

Implied Grant In certain circumstances, Rights to Light can arise by implication—most commonly under the rule in Wheeldon v Burrows (1879)—particularly where a property has been subdivided and one part continues to rely on windows that served both parts prior to the sale. If the use of light was continuous and apparent, and necessary for the reasonable enjoyment of the property, a Right to Light may be implied at the time of severance.

How is a Right to Light Measured?

A Right to Light does not guarantee a specific quantity of sunlight or a pleasant view. Instead, it guarantees adequate daylight for the ordinary use of a space.

The most widely accepted method for assessing whether a Right to Light has been infringed is the Waldram Method, a calculation-based approach developed in the early 20th century by Percy Waldram. It determines whether a room receives sufficient natural light by assessing if at least 50% of the room's area receives 0.2% or more of the total sky dome—equivalent to approximately 10 lux of illuminance—under an assumed overcast sky of 5000 lux.

This 0.2% figure is known as the "grumble point," below which occupants may begin to notice and complain about the reduction in natural light. If proposed development reduces light below this threshold in a “room of ordinary use” (such as a living room, kitchen, or bedroom), an infringement may be established.

What Happens if Rights are Infringed?

When a proposed development infringes an established Right to Light, the affected property owner may take legal action. Remedies include:

1. Negotiated Settlement

Most disputes are resolved amicably through negotiation. The developer may pay compensation to the affected party in return for a deed of release of the neighbours right.

2. Injunction

In more serious or contentious cases, the court may grant an injunction to prevent the development from proceeding, or even require the demolition of offending structures. The landmark case of Regan v Paul Properties Ltd (2006) affirmed the court’s willingness to uphold Rights to Light, even where financial compensation had been offered.

3. Damages

Courts may also award damages in lieu of an injunction, especially where an injunction would be disproportionate. However, this is not guaranteed and depends on the facts of each case.

Common Scenarios Where Rights to Light Become an Issue

Urban Developments

In densely built-up areas, new construction often affects the daylight to neighbouring properties. Developers must assess and mitigate potential Right to Light infringements.

Extensions and Loft Conversions

Even smaller residential works—like building an extension or adding a mansard roof—can infringe on a neighbours' rights.

Conversions and Change of Use

When converting non-residential buildings into homes, windows may acquire increased significance. If they have enjoyed uninterrupted light for 20 years or more, they could be protected.

How Can Property Owners Protect Themselves?

Whether you're a developer or a homeowner, here are key steps to manage the risks associated with Rights to Light:

1. Commission a Professional Right to Light Survey

A specialist survey will assess the potential for claims using modelling and legal review. These assessments form the basis for mitigation strategies or legal defences.

2. Negotiate Early with Neighbours

Open dialogue with neighbouring property owners can help avoid later disputes. Offering early compensation or design amendments may avoid litigation.

3. Use Legal Tools to Stop Rights from Arising

If you're concerned about future claims, it’s possible to interrupt the 20-year prescriptive period by using a light obstruction notice under the Rights of Light Act 1959, or by erecting a physical obstruction (e.g. a temporary screen) to restart the clock.

4. Insurance

Specialist Rights to Light insurance can provide cover for compensation claims, legal fees, and even demolition costs. This is a valuable tool for risk management on both small and large schemes.

What Role Does Planning Permission Play?

A common misconception is that planning permission overrides Rights to Light—this is not the case.

The planning system assesses development impacts on general amenity, including daylight and sunlight, using the BRE Guidelines (Building Research Establishment).

However, these guidelines are not legal benchmarks. A building that passes a BRE daylight test could still infringe on an individual's Right to Light, as defined in civil law.

Notable Case Law

Understanding case law helps clarify how the courts interpret Rights to Light:

Regan v Paul Properties Ltd (2006) – The court granted an injunction requiring part-demolition of a new building that infringed on a neighbour’s light, despite an offer of damages.

HKRUK II (CHC) Ltd v Heaney (2010) – A commercial property was found to infringe a neighbouring office’s Right to Light; an injunction was granted by the Court, though later settled for an undisclosed sum of compensation.

Scott v Aimiuwu (2015) – A residential extension was ruled to have infringed a neighbour’s light; compensation was ordered, highlighting that domestic projects are not immune.

Conclusion

So, what is a Right to Light? It’s a complex but essential consideration for any property owner. Whether you're developing, extending, or simply looking to protect your property value, understanding this right is key to avoiding costly legal battles and protecting long-term enjoyment of your space.

If you’re planning a development, ensure you seek advice from qualified Right to Light surveyors and legal professionals. Taking proactive steps early can prevent delays, disputes, and financial liabilities down the line.

Contact

At Anstey Horne, we are specialists in Right to Light assessments, neighbourly matters, and daylight and sunlight reports. With decades of experience supporting residential and commercial developments across the UK, our team can help you navigate the legal, technical, and planning complexities.

Contact us today to book a consultation or for further advice.

For more information on how a right is acquired, measured and defended, please see our Fact Sheet, and for a collection of articles on Rights to Light see our blog.

For advice on rights to light direct from one of our surveyors, please call our Rights to Light Enquiry Line on 020 4534 3138.

If you’d like us to call you, please fill in our Contact Us form and we will call you back.