Rights to light – what are the issues?

By Claire Acklam 2021-06-02T05:00:00

A recent case underlines the necessity of resolving rights to light issues early, to avoid injunctions or even demolition orders

A right to light allows the benefiting building to receive light through particular apertures (usually windows) and prevents the owner of the neighbouring land from substantially interfering with or obstructing the access of light, for example by erecting or altering a building.

The rights of light implications of any proposed development must be considered from the early planning stage. If these are not taken into account and resolved from the outset, opposition from neighbours alleging interference can result in delays, the need to redesign and re-submit plans, or even the wholesale demolition of structures found to obstruct rights of light.

So, how can developers mitigate against these risks?

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