Daylight, Sunlight and Rights of Light in Development Projects

In the planning of new developments, careful consideration of Daylight, Sunlight, and Rights of Light is essential for project success. Understanding the Daylight, Sunlight and Rights of Light opportunities and constraints of a development site can significantly impact project viability, development value and relations with key stakeholders such as the Local Authority and neighbouring property owners.

Timing is everything when it comes to Daylight, Sunlight and Rights of Light considerations for a proposed development. Our developer clients who are looking at a site acquisition or development of an existing site are encouraged to consider Daylight, Sunlight and Rights of Light at the very earliest stage.

Why Daylight, Sunlight and Rights of Light Matter in Development

In urban areas, access to natural light is increasingly valued as an important amenity. Ensuring that new developments and neighbouring properties receive adequate Daylight and Sunlight is crucial, not only for quality of life but also for meeting planning requirements. Additionally, Rights of Light is a legal matter that protects existing properties, where they can demonstrate the right, from experiencing a material impact on natural light as a result of new developments. Daylight, Sunlight and Rights of Light, therefore, can substantially influence the outcome of a development project.

For developers, considering these factors early in the process can help to safeguard their project from potential disputes, objections, and costly redesigns down the line.

Understanding Daylight and Sunlight in Development

Daylight and Sunlight considerations are an essential part of the planning process. These assessments determine the levels of natural light that will be provided for future occupants of new homes, as well as how proposed buildings will impact the natural light to surrounding properties and public spaces.

The Building Research Establishment (BRE) document, Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice, Third Edition (2022), provides advice and targets for acceptable light levels and, whilst intended only as a guide rather than a mandatory instrument of planning policy, is what Daylight and Sunlight assessment for planning applications is usually based on.

Designing a development as closely as possible to meet the guidance set out in the BRE Guidelines, allowing for flexibility according to the specific context of the site in question, provides Local Authorities with comfort that developments will meet their planning policies when determining planning applications.

Understanding Rights of Light in Development

Rights of Light is a private, legal easement that is separate to the planning process and constitutes a negative easement because the right of the dominant owner (the owner of the right) prevents the servient owner (the owner of the land over which the right is enjoyed i.e. the developer) from taking an action that would infringe the right. When Rights to Light are enjoyed and a loss of light occurs, the question is whether the infringement of the right constitutes a nuisance.

To address this, developers should conduct a Rights of Light assessment with the help of a specialist surveying practice to measure the potential impact of their development on the Rights to Light, where they can be demonstrated, of neighbouring properties. Rights of Light surveyors use technical calculations to predict how a building will affect light levels and can advise on potential mitigations to avoid material Rights of Light impacts, thus maximising development potential, adding value and reducing the likelihood of lengthy neighbourly disputes. Rights of Light surveyors also assist in devising suitable mitigation strategies for developers where their development has the potential to cause infringements of the Rights to Light of its neighbours.

Tips for Developers 

One of the most effective ways to avoid disputes with any key stakeholders over Daylight, Sunlight, and Rights of Light is to adopt a collaborative approach, whether that be with the Local Authority, neighbouring property owners or others. Open communication at the appropriate time can help developers address concerns, build trust, and gain community support.

Additionally, consulting with surveying professionals and legal experts helps developers stay informed about their obligations. By securing expert advice and completing relevant assessments, developers can minimise risks and ensure compliance with both legal and planning requirements. This is the case not only for Daylight, Sunlight and Rights of Light but also other property rights and neighbourly matters.

Frequently Asked Questions

What are the key Daylight and Sunlight considerations in development projects?

As a planning matter, the key consideration is the potential impact of a new development on natural light levels for neighbouring properties and public spaces, as well as providing sufficient natural light to new dwellings. Both consider whether the project meets acceptable standards, such as those provided in the BRE Guidelines.

How do Rights of Light impact the development process?

Separate to the planning process so still requiring consideration even where planning permission has been granted, Rights of Light disputes can be lengthy and challenging if not considered at an early stage and mitigated appropriately. Developers should ensure to assume a suitable budget, advised upon by their appointed Rights of Light consultants, when considering project viability.

What is the role of Daylight, Sunlight and Rights of Light specialists in the development process?

A specialist surveying practice should be instructed during the design stage, or even prior to site acquisition, with a view to optimising development and mitigating risks early on. Early input can save money and time during the design process and, ultimately, lead to better development outcomes.

How can developers protect themselves from potential disputes over Daylight, Sunlight and Rights of Light?

Developers can protect themselves by conducting comprehensive Daylight, Sunlight, and Rights of Light assessments at the very earliest opportunity, engaging with stakeholders and affected parties early on, and putting in place appropriate mitigation strategies that are tailored to the specific site requirements. 

By addressing these factors proactively, developers find that their developments are faced with fewer unexpected risks, greater potential, time saved and, ultimately, better outcomes. Thoughtful planning and expert advice helps developers to maximise development while minimising the Daylight, Sunlight and Rights of Light risks they experience.