Homeowners across the UK often extend their properties to gain extra space without the cost and upheaval of moving house, either by building into the garden or converting the loft. While most can appreciate the desire to extend a home, it can become a concern when it happens next door, particularly over the size of a planned extension and its impact on your property.
Most people value a good relationship with their neighbours, which can make it difficult to know how to handle the situation. Fortunately, there are measures you can take if you have concerns about a neighbour's extension. These additions can become problematic if they infringe upon your right to light.
What is a right to light?
The right to light is protected in England and Wales under the Prescription Act 1832. 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 level of light within the room drops below the accepted threshold, this is considered an obstruction.
How do you make a right to light claim?
It is strongly advisable to seek professional guidance, such as from a solicitor or surveyor, 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 the construction of a neighbouring extension. However, the other party can counter this by submitting evidence to demonstrate that the extension will not infringe upon your right to light.
What is the outcome?
Potential resolutions may include a redesign of the development in order to safeguard your right to light. Brady Solicitors explained that where construction is already under way or has been completed, the court may either grant compensation, order the problematic portion of the development to be removed, or impose a combination of both measures.
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."
