If you own a property which has received natural daylight for 20 years or more, then by law, you have a ‘right to light’. This means that you are entitled to object to any construction work or other obstruction which will deprive you of this.
If you are involved in legal action, the courts tend to rely upon a measurement which was established more than one hundred years ago which assumes that you require ‘one foot-candle of illuminance’ or ten lux for reading and other tasks.
However in recent years this is increasingly being challenged. For example, many commercial developers are now working closely with local authorities to use a section of the law (section 237 of the Town and Country Planning Act 1990) that looks favourably on schemes that offer over-riding social or economic advantages to an area.
If you believe that your right to light is at risk, you should seek expert legal advice. Our solicitors can investigate the planned construction work or obstruction, advise you on your rights and help you take legal action to protect your property.
