A significant portion of the homes within England or Wales is covered by the 'right to light. What is the definition of a right to light and what steps should you take if it is being violated?

What is the 'Right to Light"?

It is widely accepted that a half-sized space should be illuminated by natural light. In terms of relative value, this is roughly the equivalent amount of light that is provided by one candle that is an inch away. This rule is also known as a "right to light' it is protected both throughout England and Wales by common law, adverse possession, and The 1832 Prescription Act.

But, in contrast to the right to be free from noise your right to lighting needs to be obtained. This is accomplished through registration or granted through deed. Furthermore, if a windowsill or opening has 20 or more years of uninterrupted daylight then it automatically gets the right to let light in.

If the property can be protected under the rights to light law, any developments within the vicinity are subject to specific restrictions. It is so because, if the construction decreases the quantity of sunlight entering through an opening or window to an unacceptable amount, it can be considered to be an obstruction.

There are many possible obstacles that could hinder a neighbour's right to light. The most prevalent of them are:

* A garage or shed
* A wall
* House extensions
* Commercial or housing developments

If a development is identified as obstructing the amount of sunlight that enters windows, the person affected can pursue legal action.

What are the steps you can take?

If you believe that a proposed development is going to limit the amount of light that you get, then you have the right to protest it. Although planning permission has previously been approved by the authority in question, a project could still be stopped.

In the case of the issue and the nature of the issue, a successful bid to stop the development may have several results. In particular, there could exist the chance of compensation or an order for the construction to be demolished. In addition, courts could issue an injunction that stops the construction from taking place or even order the construction in dispute removed. However, injunctive actions can be costly, and typically only occur in the most extreme of circumstances.

If you're worried about your rights to natural light, first consult an expert for advice on the alternatives. A chartered surveyor is capable of determining how your natural light is affected, even if the project in question is in the planning stage.

In addition, you should consult a lawyer. A lawyer who specializes in construction disputes can be in a position to explain your rights and help you settle the dispute without the need to appear in court.

Summary

If you have questions about your rights to the light, seek out a lawyer that specializes in construction law disputes. They can help you decide whether or not you'd prefer to pursue legal action. If your rights are being violated and you are unable to defend yourself, you could receive compensation or the plan modified to suit your needs.