Home Owners > Solicitors and Legal Issues

Do I have a right to light?

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Albert:
We had an extension built to our home 22 years ago with a window overlooking the neighbours rear garden. My neighbour has recently applied for planning permission to extend their property in the same way and this will block out the light to our extension.

I thought after 20 years I had got a "Right to Light"?

Admin:
To acquire a Right to Light, a window must have been in place and unobstructed for a period of 20 years.
You should make a formal objection to the planning department on the grounds of your Right to Light.
If the Council grants the application you could still obtain a court injunction to stop it.

The Brickkicker:
As I understand the situation ....and recall those hazy days at university

contrary to popular belief  there is no automatic right to light

now with my former developer's hat on ..I can say that  planning rules however provide protection in that if the room with the window is habitable ( ie a bedroom ) then development may not occur within 11m ....however if it is for example a stairs or bathroom window ....then the situation may be different

This is a standard policy adopted by most councils around the country ...aimed at protecting existing development

Philofacts:
Under Rights of Light Act 1959.  This gives a period of use which gives rise to easements. 
For Rights of Light the period is 20 years to create the easement and only written permission will defeat it.

For example someone paying a nominal fee to an adjacent landowner for his light.  Whether the fee is ever paid or not, this written permission means that it can be withdrawn by the landowner at any time and stops a right of light coming into being.

Admin:
Brickkicker  says it could be that the Council will listen to any neighbour's objections regarding reduced light as part of the planning process and building may not be allowed even if no right to light exists.

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