Right To Light
Why You Need a Rights of Light Surveyor
Rights of light can be one of the largest constraints on new property development. If not done correctly, a plan could infringe on a neighbour’s right to light. It is therefore important to conduct a survey and analyse the proposals to advise on all possible impacts.
Avoid programme delays and obtain an impact analysis by choosing Vicennium Surveyors LLP as your right to light surveyor. We advise developers and adjoining property owners.
Developers
When developing a site it is important to understand the potential impact on light to neighbouring properties at design stage, to mitigate potential claims against you. We can conduct a right to light assessment for you.
We are able to review design schemes from the outset and advise you and your design team on necessary adjustments to the proposals to reduce infringement upon a neighbour’s right to light. Once we have the information from our right to light analysis, we advise on a suitable strategy to deliver the scheme on time.
Adjoining Owners
If your property is next to a site being developed, contact Vicennium Surveyors LLP to conduct a right to light survey on your behalf. We carry out an analysis of the proposed scheme to determine the impact on light.
This involves carrying out a measured survey of your property and inputting this survey data into the contextual model and running the analysis. Following this, we can assist you with negotiating with the developer to either adapt the scheme to mitigate the loss of light or agree a settlement.
How rights of light are acquired?
A right to light can be obtained under Section 3 of the Prescription Act 1832 (i.e. by the enjoyment of the light for at least twenty years before the time proceedings have been issued without interruption and without consent), by express deed or by implication (via section 62 of the Law of Property Act 1925). A right to light can arise even if the building is not occupied.
Prescription can also be gained through the doctrine of lost modern grant, which is where there has been continuous enjoyment of light for a period of 20 years in the past (this can only be claimed by the freeholders). Under common law, prescription can be acquired where the affected building has enjoyed light since time immemorial, i.e. 1189 (this is of course almost impossible to prove, which is why the doctrine of lost modern grant was developed by the courts in the 17th & 18th centuries).
Frequently Asked Questions
A right to light can be obtained under Section 3 of the Prescription Act 1832 (i.e. by the enjoyment of the light for at least twenty years before the time proceedings have been issued without interruption and without consent), by express deed or by implication (via section 62 of the Law of Property Act 1925). A right to light can arise even if the building is not occupied.
We recommend working with a right to light surveyor if you think that a new development will impact the neighbouring property’s right to light and make the level of light fall below acceptable levels.
Before pursuing a site development plan, it is important for developers to gain awareness and understanding of the potential impact on light to neighbouring properties. This means conducting a right to light assessment as early as the design stage to reduce infringement on and avoid claims from neighbouring property owners or adapt the project strategy.
Adjoining owners may have a right to light through defined apertures such as windows and doors. Developers should observe this right. Our right to light surveyors work with clients to assist with advising on the impacts to their light.
An initial site appraisal would help us determine the technical aspects that could disrupt a neighbouring property’s right to light. Our specialists will then further analyse the case to determine whether a new development plan could cause legal complications with adjoining properties.
A comprehensive right to light survey typically includes constructing 3D models so we can accurately analyse the scheme and negotiate a right to light strategy before the issues affect programme.