Rights of Light for Impacted Property Owners

Century Associates offers comprehensive advice and dedicated support throughout our appointment as Rights of Light specialist advisor to our adjoining owner clients. Our friendly and honest approach allows us to build strong foundations with our clients, fostering trust and a proactive partnership to reach a satisfactory conclusion in the most efficient and effective way. 

The Royal Institute of Chartered Surveyors (RICS) defines Rights of Light in its professional guidance document, Rights of Light: 2nd Edition, March 2016 (soon to be updated) as; 

“a private, legally enforceable easement or right to a minimum level of natural illumination. This is through a ‘defined aperture’, usually a window opening, whether conferred by express or implied grant or obtained at common law by a process of long, uninterrupted enjoyment known as ‘prescription’. As with all easements, there is a dominant tenement that enjoys the rights and a servient tenement that is subject to and carries the burden of their existence”¹.

A private, legal matter between dominant and servient property owners, Rights of Light must be considered by developers regardless of the planning status of a development. The existence of a planning permission does not remove Rights of Light enjoyed by neighbouring owners and the risk that they pose to the development.

There are several ways in which Rights of Light can be acquired over neighbouring land. Once acquired, Rights of Light does not entitle the owner of the right to enjoy the same light to their property that they have always enjoyed. Rather, it asks whether the light the property has been, or will be, left with is considered to be;

“sufficient light according to the ordinary notions of mankind for the comfortable use and enjoyment of his house as a dwelling-house, if it is a dwelling-house, or for the beneficial use and occupation of the house if it is a warehouse, a shop, or other place of business”².

Remedies for an infringement of rights of light include an injunction, which can either prevent the construction of the area of a proposed development that will cause the infringement or require the offending part of an already-constructed development to be removed, or damages in lieu of an injunction. It is at the discretion of a Judge, taking into account the specific circumstances of each case, to award a monetary sum as compensation for an infringement of Rights of Light rather than an injunction.

Often, developers will approach neighbouring owners whose Rights of Light they are proposing to infringe to negotiate out of Court monetary settlements with their neighbours in return for a deed of release. This is often the first time that a neighbouring owner has heard of Rights of Light, making navigating the process a daunting prospect.

The role of the Rights of Light surveyor is to establish and advise their clients as to whether:

1. Rights of Light exist in relation to apertures enjoying light over a development site;

2. A loss of light resulting from the development of the site likely constitutes an actionable infringement of Rights of Light that exist; 

3. If an actionable infringement is established, would an injunction or damages in lieu of an injunction be the appropriate remedy (although this would be decided by a Judge, subject to their discretion); and

4. If concluded that damages may be the appropriate remedy, what level of damages “feels right”³ in the specific circumstances of the case in question.

Once the above has been established, it is the role of the Rights of Light surveyor to guide their clients through the process and to reach a satisfactory conclusion to the matter.

Think you may have Rights of Light that have been or will be infringed by a neighbouring development, or been approached by a developer in connection with Rights of Light?

Century Associates is here to support you through the process and will undertake the following:

1. If the proposed development is going through the planning process, advise whether you have grounds to challenge the application on the basis of an impact on Daylight and Sunlight to your property, and submit the challenge on your behalf;

2. Carry out an investigation to establish whether you are likely to enjoy Rights of Light and if those rights are likely to be infringed by a neighbouring development;

3. Approach the developer or Rights of Light surveyor acting for the developer to assert your legal rights of light and request that they do not proceed with any development that will infringe those rights;

4. Facilitate access to your property and attend an internal survey in order that the Rights of Light analysis of the light impact to your property can be confirmed;

5. Review and check the accuracy of the Rights of Light analysis for your property, or undertake it ourselves if we are not satisfied;

6. Advise you on the extent of Rights of Light impact to your property and make recommendations as to the next steps;

7. Assist you in appointing a specialist Rights of Light solicitor if required;

8. Liaise with all parties involved with a view to reaching a conclusion to the matter that is satisfactory to you; and

9. Keep you fully informed throughout the process and empower you to make decisions based on our expert assessment and evaluation.

Please do not hesitate to contact us at enquiries@century-associates.co.uk, or on 07554 939 187, for advice.

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 1 RICS, Rights of Light: 2nd Edition, March 2016 (pg.3)
 2 Colls v Home and Colonial Stores (1904)
 3 Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007)