As a homeowner, you may have heard the term 'right to light'. It is an easement that gives the landowner the right to receive light through a defined area of the building, typically the windows. If you’re a homeowner or landlord, and you’re wondering about how right to light affects you, or you believe your right to light has been infringed then this article might shed a little light on the issue (no pun intended). We need to mention that this is not specific legal advice, and we’d always recommend seeking expert advice from a specialist on your specific case.
Let’s take a look at right to light and how it affects your property.
What is right to light?
Right to light is a legal easement that gives a landowner the right to receive light through defined areas of the building, such as the windows. This right protects the amount of natural light that enters a property, ensuring it remains at a level that has been enjoyed for at least 20 years. It's important to remember that right to light is not about your view or the level of sunlight, but specifically about the amount of natural light entering a property. If a neighbouring development significantly reduces this light, it could potentially infringe on your right to light. And you could take action against it.
When is the right to light infringed?
A property’s right to light would be considered to have been infringed upon where a new obstruction means that the percentage of a room that receives light has been reduced to less than 50% of what it previously was. This principle is known as the ‘50:50’ rule.
How do I know if I have a right to light claim?
Determining whether you have a valid right to light claim can be complex. However, here are some general indicators:
- Your property has received natural light through its windows for at least 20 years.
- A new development or proposed development significantly reduces the amount of natural light entering your property.
- The reduction in light makes the affected rooms noticeably darker or less usable.
It's important to note that even if these conditions are met, it doesn't automatically mean you have a successful claim. Each case is unique and requires professional assessment.
How do I find a right to light surveyor?
If you think you may have a right to light claim, it's crucial to consult a specialist right to light surveyor. Here's how to find one:
- Professional bodies: Look for surveyors accredited by professional bodies such as the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB).
- Specialisation: Ensure the surveyor specialises in right to light cases. This is a complex area of law, and general surveyors may not have the necessary expertise.
- Local knowledge: Consider hiring a surveyor familiar with your local area, as they may have better insights into local planning regulations and precedents.
- Recommendations: Ask for recommendations from local property lawyers or planning consultants who may have worked with right to light surveyors before.
- Online directories: Use online directories specific to surveying professionals to find specialists in your area.
Remember, a right to light surveyor will use specialised equipment and software to measure the impact of developments on natural light levels. They can provide expert advice on whether you have a valid claim.
So, does my property have a right to light?
Understanding your right to light as a homeowner is crucial, whether you're facing a potentially obstructive development or planning your own property improvements. While the concept might seem straightforward, the legal and technical aspects can be complex. If you believe your right to light may be affected, it's always best to seek professional advice from a specialised right to light surveyor.
