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FAQ's
A Right to Light is a legal easement that allows a property to continue receiving a reasonable level of natural daylight through its windows or openings.
If a new building or extension reduces that daylight below an acceptable threshold, the affected owner may be able to object, claim compensation, or seek an injunction.Under the Prescription Act 1832, a window normally gains a Right to Light after 20 years of uninterrupted daylight.
“When the access and use of light … shall have been actually enjoyed … for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible.”
You can check:
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If your windows or skylights have been in place for 20+ years without obstruction, they likely benefit from a Right to Light.
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We at Light Matters can review aerial imagery, planning history and carry out measurements to confirm eligibility.
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No. Planning permission deals with planning policy and does not remove private legal rights such as the Right to Light.
A neighbour’s scheme can have planning consent yet still be actionable if it infringes an established light easement.A Light Obstruction Notice is a legal tool that a developer can register to prevent new rights from accruing on neighbouring properties.
It effectively “stops the clock” on the 20-year period for any windows that have not yet matured their rights, and you have one year to respond.
If you have received a Light Obstruction Notice, contact us immediately so that we can object to the LON.The Waldram method (also known as Equivalent First Zone – EFZ) is an established technical calculation used by surveyors to measure the daylight loss to windows affected by a new development. Courts and negotiators often rely on this analysis to determine whether an infringement exists.
The analysis takes roughly 30 minutes to assess and we need access to all rooms facing the development.
You may be entitled to:
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Negotiated compensation for the loss of light and loss of amenity; or
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Cut Back Options, whereby the building is stepped back or the height of the development is decreased until it no longer impacts your right to light.
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An injunction to halt or modify the offending development if the loss is severe and damages alone are insufficient.
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If you believe a neighbouring development has blocked or will block your daylight, act quickly:
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Gather evidence (photos, dates of construction, copies of planning notices).
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Avoid delay – early advice often strengthens your position.
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Contact Light Matters a specialist Right to Light surveyor to assess the loss using recognised methods.
Contact Us today for an assessment of your potential claim or to book a preliminary desktop screening survey.
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Usually, the developer pays the reasonable professional fees of the neighbouring property owner once an actionable infringement is identified. This cost can be recovered in court; which normally constitutes â…” of the expenses.
However, initial screening or advice is at the homeowner’s cost and if you do not suffer an actionable injury you have to pay for the entirity of the claim, depending on the severity this can include the developers costs as well.
That is where Light Matters comes in, our no-win no-fee model allows us to cover all costs and expenses.Yes. You could lose or weaken your right if:
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A Light Obstruction Notice (LON) was lawfully served before the 20-year period was completed; or
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You signed a Deed of Release giving up your rights in exchange for compensation or other consideration.
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If you have received any correspondence from a developer contact Light Matters today.
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