SERVICES | Rights to Light

Rights to Light Strategy and Advice

Please download a copy of our fact sheet which sets out common strategies for mitigating the risks associated with rights of light.

Design around rights of light

You may find that your proposed development doesn’t interfere with rights of light. If rights of light are considered from the outset, rights of light can often be designed around.

Compensation Agreements

Where it is impractical to design around a right of light, it may be necessary to reach an agreement with the affected parties. Once an agreement has been reached, this should be formalised by deed.

Insurance

In some cases it may be necessary to take out an insurance policy to cover the risk of a compensation claim or injunction.

Section 203 Housing and Planning Act 2016

Subject to specific conditions being met, the local authority may use its statutory powers under Section 203 of the Housing and Planning Act 2016 to prevent neighbouring property owners from acquiring an injunction to protect their right of light. Please note, that even once the possibility of an injunction had been removed, it is still necessary to compensate the affected parties for any interference with their right of light. Section 203 is intended to be used as a last resort where a development is being held up by an injunction, or the threat of an injunction. Therefore, the developer must attempt to engage with the affected parties to negotiate right of light releases, before seeking to rely on Section 203.