Homes&Interiors Let there be light!

Neighbourly disputes often involve one property blocking the other’s access, view or essential daylight. Shire spoke to experts at RICS to establish the real rules.

Few of us properly understand our rights when it comes to dealing with our neighbours, but a new guide from the Royal Institute of Chartered Surveyors (RICS) could help shed light – literally – on a common problem. Homeowners left in the shade by neighbouring sheds, fences and home extensions could claim for compensation or have the structure removed, if they go about it in the right way. With a mini boom in home extensions following the pandemic (property agent Savills found that nearly 250,000 permissions were granted in the year to September 2021 alone), those living next door or nearby can sometimes be impacted with a loss of daylight.

room together with the scale of the proposed scheme to assess the potential impact on the natural light level and prepare formal evidence for use in a dispute case.

Raise matters before construction starts

If a neighbour approaches in advance of work starting, try to let them know of any ‘rights of light’ you may have. That way, natural light issues can be taken into consideration before the need for solicitors and possible court action.

Even if building work is finished, neighbouring householders can still raise a right of light claim for compensation or alterations, as long as evidence is submitted. If it gets as far as the courts, judges can award either financial compensation or order alterations to restore natural light. Resolving a right of light complaint doesn’t always have to go through the courts, which can take a lot of time and lead to excessive costs. For example, RICS has set up a Neighbour Disputes Service that acts as an neutral arbitrator, quicker and cheaper than using formal government routes.

Homeowners in England and Wales are entitled to raise concerns if over half of any established room lit by natural daylight has that light taken away by building work. Such a right – sometimes referred to as ‘ancient lights’ – is held by ‘anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat, and without interruption for more than a year’, according to common law. However, challenging a developer or approaching a neighbour about a dispute can be difficult and fraught, especially if building work is underway or already completed.

Hire a professional ‘rights of light’ specialist

The RICS guide sets out what anyone affected should do, the first step being to hire a specialist. They can measure the size of your

Andrew Thompson CEnv FRICS, of the RICS Rights of Light working group said: “The importance of natural light in properties for energy efficiency, carbon footprint plus health and wellbeing is resulting in more property owners taking a protective stance. Whilst the planning system via permitted development has created an opportunity for many properties to increase in size, this has not removed the safeguard held by neighbouring owners to protect their own homes should imposed removal of natural light happen. Ancient lights are still a safeguard against unwanted obstruction to natural light.”