THINKING
AROUND CORNERS RIGHT TO LIGHT Neon Mavromatis, Managing Director, Construction for Kerry London, discusses Right to Light
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construction project, whether commercial or residential, can be full of complexities. Despite the fact you may have done your due diligence and have all necessary safeguards in place – from architects, to planning consultants, surveyors and lawyers – it’s impossible to predict every eventuality. Even ‘minor’ issues have the potential to derail a schedule or halt a project entirely. One of the more common claims that may be lodged by a neighbouring property owner is that their right to light has been infringed by the development. What are ‘rights to light’? In law, a right to light is an easement: similar to having a right of way over a neighbour’s land. Laws surrounding rights to light in the UK go back several centuries. As a property owner, if you have a right to light it means you are legally entitled to receive sufficient light through an opening so that you may enjoy ordinary, comfortable use of your dwelling, or ordinary, beneficial use and occupation of other buildings, such as a greenhouse or warehouse. It’s important to note that a development which blocks light to a garden or grounds will not normally amount to an infringement of a right of light unless it also prevents light from passing through a window into a building. That’s because there is no such thing as a ‘right to light’ for open ground. As part of any development, factors which could affect light levels include:
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the height, size and orientation of the proposed development, the distance from the neighbour’s boundary, the topography of the surrounding site.
Acquiring a right to light A right to light can be acquired in several ways. One of the most common is simply to occupy a property which has experienced uninterrupted access to daylight for at least 20 years, openly and without threat. Another route is by way of an express legal agreement. It should be noted that owning a property which was constructed more than 20 years ago doesn’t automatically grant a right to light. In the cases of older properties, it is necessary to check the history of the building and its surrounding area. UK rights to light and planning requirements Planning applications may not resolve all issues around rights to light in the UK. When local authorities consider an application for a development, they will usually consider the effect it may have on any neighbouring properties, including levels of sunlight and the duration of exposure to daylight. It is important to note
