Your right to natural light
A right to light is a legal property right — not a planning matter. If your property's windows have received daylight for a long period without obstruction, you may have a legal easement that a developer cannot simply override.
What is a right to light?
A right to light is a legal easement — a recognised property right under English and Welsh law. It can arise when windows in a building have received natural daylight for a long period, typically 20 years or more, without obstruction.
A right to light is entirely separate from planning permission. A developer may obtain planning consent for a scheme and still face a valid right to light claim from a neighbouring property owner.
A letter alone does not confirm you have a claim. The strength of any claim depends on the specific circumstances of your property: the windows affected, the length of enjoyment, and the extent of the impact on usable natural light.
We can assess your position honestly — submit a free enquiry and we will tell you if there is not a viable claim.
How does a right to light arise?
Rights to light most commonly arise through prescription — the long, uninterrupted enjoyment of natural daylight through defined apertures (windows, rooflights, etc.) for a period of at least 20 years. This is governed primarily by the Prescription Act 1832.
A right to light can also be created expressly, by deed, or impliedly (for example, on a sale of land). In practice, the majority of claims in residential and commercial contexts arise through prescription.
Who contacted you, and what does it mean?
The type of letter you received matters. Different parties have different interests — and different levels of authority.
If the letter came from a developer
Developers identify and contact neighbouring property owners as a standard part of their pre-construction risk management. If you have received a letter, it usually means your property has been flagged as potentially affected by their scheme.
Their objective is to manage that risk at the lowest possible cost. The approach will typically feel reasonable — because an early, informal resolution is significantly cheaper for them than dealing with a properly advised claimant later.
If the letter came from a surveyor
A letter from a surveyor — even one presented as independent or as an approach for both parties — is not a formal legal notice. It cannot compel you to take any action. It is, however, often part of a pre-action strategy to move towards settlement.
Surveyors are trained negotiators. An approach framed as practical and mutually beneficial is usually designed around the developer's timetable and commercial objectives, not yours.
A quick deal is not automatically a fair one. Before engaging with any proposal or figure, you need to understand the true value of your position. That requires independent assessment — not a conversation on their terms.
If it was a no win no fee firm
Many firms advertise no win no fee for right to light cases. What this typically means is that the firm will not charge you their own fees if the claim fails. It does not automatically mean you have no financial exposure at all.
What remedies are available?
Where a right to light has been infringed, there are two principal forms of remedy available to an affected property owner:
Damages
A court may award financial compensation reflecting the loss suffered. In practice, damages in right to light cases are often assessed by reference to what a reasonable purchaser would have paid to acquire a release of the right — which can be substantial, particularly where development value is at stake.
Injunction
A court may grant an injunction requiring demolition or modification of a structure that infringes a right to light. The threat of injunction — and its impact on development viability — is one of the most powerful levers available to a claimant.
Your leverage is strongest before work begins. Once a development is complete, courts are generally less willing to grant injunctions (though this is not universal). If you have received a letter at an early stage, acting promptly maximises your options.
Is there a deadline?
Yes — and timing matters significantly. The sooner you act, the stronger your position.
Under the Prescription Act 1832
Once your light has been infringed, you have 12 months to take action before the developer may be able to register a light obstruction notice to interrupt your prescriptive right. The safest course is to take action before development commences — at that stage your leverage is at its highest and your options are greatest.
Under common law
For common law claims, the limitation period is 6 years from the date of infringement. However, as each year passes, your ability to obtain an injunction diminishes — courts are increasingly reluctant to order demolition of a completed development. The compensation you can recover may also reduce over time.