My property is over 20 years old and I want to protect my right to light

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Rights to light are separate from planning and provide property owners extra protection.

Whether you are a home owner, or involved with residential or commercial property on a larger scale, we can help you to safeguard your property interests.

We recognise that not all cases are the same and in the first instance we welcome you to contact us where we will be happy to discuss your specific situation and provide initial telephone advice.

It is often helpful to visit your property to see the situation first hand — as well as a great opportunity to discuss your case in person.

For straightforward cases, we also offer a preliminary desktop review service where we can apply rule of thumb tests.

Services for those affected by development

Planning

If the development is still going through the planning process, we might be able to help with your objection.

We will let you know whether you have valid grounds to challenge the planning application. We will appraise your case with reference to the standard Building Research Establishment (BRE) planning tests.

 

Rights of Light

Even if the development has planning permission, you may be able to limit its size or receive compensation if your property benefits from a separate legal right of light.

This will usually be the case if your window apertures are over 20 years old.  Please note that it is the age of the structural openings that matters. If the glazing and window frames are less than 20 years old this will not affect the strength of your case.

A right of light is a right to a certain amount of light.  Rights of light are assessed using a test known as the 50:50 rule.  After assessment, we may be able to use your right of light to curtail the size of the development; or in some cases prevent the development altogether. Alternatively, if you are considering surrendering your right to light, we can advise you on the amount of compensation to expect and negotiate an acceptable settlement on your behalf.

Rights of light and planning matters are separate issues.  We can, therefore, help you to protect your right of light, even if planning permission is granted. 

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