Rights to Light

In England and Wales a right to light is usually acquired under the Prescription Act 1832. Under the Act
a right to light automatically occurs once light has been enjoyed through defined apertures of a building
for an uninterrupted period of 20 years.

The right is to a certain amount of light and not to all of the light that was once enjoyed. Mathematical
calculations are used to determine whether or not a development causes an infringement. For speed and
accuracy rights to light calculations are undertaken using specialist computer software programmes.

Rights to light are civil matters between neighbours. Rights to light are independent of the planning
system. Even if planning permission has been granted, care should be taken not to cause an
infringement to the rights to light enjoyed by nearby buildings.

An infringement is likely to give the neighbouring owner the right to seek an injunction to have the
proposed development reduced in size. If the loss of light is relatively small and can be adequately
compensated by money a court may decide to award compensation instead of an injunction. In extreme
cases a court may award an injunction to have the offending part of the building pulled down.

Define maximum building envelopes
Rights to Light Calculations
Risk analysis reports
Dispute resolution
Expert witness reports
Light obstruction notices