Rights of Light

A Right of Light comes either by Express Grant or covenant or more commonly from the Prescription Act of 1832

The principal is that you have a right to continue to receive natural light through the openings in your building.

Such a Right is acquired after continuous enjoyment of light for 19 years and a day through that opening.

If someone intends to erect or alter their building in a way that significantly reduces your light then it is quite probable that: –

  • You can obtain an injunction to halt such works in the first instance and get the works modified to reduce the impact on you light or, if not possible:-
  • Obtain compensation for the loss of light.

It is worth noting that this is not something that the Local Authority Planning Department considers when reviewing a Planning Application.

If you think you may have a potential loss of light or, you are concerned that your proposed works or development may affect someone else’s Right Of Light, then please give us a call.