Rights of Light, Sunlight & Daylight

Rights of Light, Sunlight & Daylight Advice, Assessments, Guidance and Surveys for Developers & Property Owners

calfordseaden have invested in their rights of light expertise and software to support our assessment service over the past 15 years. This investment has enabled Peter Defoe to develop our service and to achieve the first ever Doctorate in the Built Environment for his thesis 'The Validity of Daylight Calculations in rights to Light cases'.

Peter is one of the co-authors of the new RICS guidance note on rights of light under the auspices of the RICS Boundaries and Party Walls Panel. He gave the benefit of his knowledge of the Waldram methodologies, current research and the need for change arising out of his own published research and thesis at the RICS launch of their new guidnance note on rights of light in October 2010.

What is a Right to Light?

A Right to Light is a right (or easement) which the owner of one property has over another. The right is also intended to prevent a property owner from doing anything that would damage the Right to Light of another.

A Right to Light is not a right to a view, nor is it a right to receive rays of sunshine through a window. It is simply the right not to have light obstructed by a new structure.

If an owner wishes to undertake any work which might seriously affect the amount of light passing through any window of a neighbour's property, they should consider the possibility that either they will not be allowed to do this or that they may have to pay compensation to the neighbour.

There are three main ways in which a Right to Light can be gained. These are:

• By a grant or licence
• By use since time immemorial
• Under the Prescription Act 1832

A Right to Light can be lost if it has been blocked for a year or if it can be proven to have been abandoned.

Most Rights of Light problems occur on inner city, "brownfield" sites where a developer wishes to build on land adjacent to existing buildings.

If you are a developer or an adviser to a developer:

• Do you know whether your development is likely to damage someone's Right to Light?
• Do you know how much it will cost you if it does?
• Are there any windows overlooking your site, or have there been windows overlooking the site at any time?

If you live next door to a proposed development or a site where construction is underway:

• Do you know what your rights are?
• Can you stop the development?
• Are you entitled to compensation?
• How do you protect yourself against possible future development?
• Whoever you are it is important that you have evidence to prove your case.

Sunlight & Daylight Assessments

These are not easements in the same way that a Right to Light is, but they are two of the many matters with which the Local Planning Authority (LPA) will concern themselves when considering Planning Applications.

Development of land can result in significant changes to the amount of daylight and sunlight reaching windows and, in residential areas, sunlight to gardens. The LPA can insist on alterations to the proposed development if it considers these changes are too great.

If you know the maximum height and size of a building that can be constructed without affecting your neighbour's Daylight and Sunlight, you can significantly increase your chances of successfully obtaining planning consent.

Advice to you

Our experts undertake:

• Necessary research to establish whether a Right to Light exists
• Measured surveys and an analysis of the effect to a Right to Light and levels of Sunlight and Daylight

They advise on:

• Possible courses of action
• Scale of the development to maximize its value
• Changes to the development proposals to reduce or negate the impact
• Possible levels of compensation or provide evidence in support of an application for an injunction if appropriate
• The possibility of preventing the acquisition of a Right to Light

They also:

• Assist your solicitor in the preparation of a deed to settle any Right to Light dispute
• Monitor the development to ensure compliance with any agreement
• Provide reports in support of a Planning Application for Daylight and Sunlight matters

Whatever the scale or scope of your project, our Rights of Light expertise is at your disposal and can be integrated with any other areas of calfordseaden's service.

For further information contact:

Dr Peter Defoe
PrD(BE) DipArb FRICS FCIArb MCQI CQP
Partner and Business Systems Manager

T 01689 888222
E pdefoe@calfordseaden.co.uk

Stephen Cotterell
BSc FRICS I Eng AMI Struct E
Partner

T 01689 888222
E scotterell@calfordseaden.co.uk