Homeowners across Wales who believe a neighbour's extension has blocked natural light entering their home may be able to challenge it and potentially receive compensation. The right to light is protected in England and Wales under the Prescription Act 1832.
What is a right to light?
According to Brady Solicitors: "A right to light may be acquired by 'anyone who has had uninterrupted use of something over someone else's land for 20 years without consent, openly and without threat, and without interruption for more than a year.'" Home extensions or a new building erected close to a neighbouring property are common examples of a right to light dispute.
Should a neighbour's extension restrict the natural light entering your home and the light levels within a room drop below the acceptable threshold, this is considered an obstruction.
How do you make a right to light claim?
Seeking professional guidance from a solicitor or surveyor is strongly advised to establish whether your right to light is applicable. Jonathan Lea explained: "Rights to light disputes often involve specialist surveyors who apply technical methodologies, such as the Waldram method, to assess whether the reduction in light falls below accepted thresholds for reasonable enjoyment of the property."
"Because of the technical nature of these assessments, early professional advice is often essential before development plans are finalised." It added: "The legal question is not simply whether a room feels darker; expert analysis is often required to determine whether the loss of light is substantial."
You are entitled to object to a neighbouring extension, though your neighbour may counter this by submitting evidence demonstrating that the development will not infringe upon your right to light.
What is the outcome?
Potential resolutions could include a redesign of the development to safeguard your right to light. Brady Solicitors noted that where construction is already under way or has been completed, the court has the power to award compensation, order that the offending portion of the development be reduced, or a combination of both.
It added: "In rare instances, the Court may issue an injunction to prevent the development works altogether. Where the damages awarded are found to be a sufficient remedy, the Court is unlikely to grant an injunction to prevent the works."
