Glossary · UK
What is Right to Light?
An easement giving a property owner the right to receive a minimum level of natural light through defined windows, which can restrict what a neighbouring landowner is permitted to build.
Full Definition
A right to light is a type of easement that entitles the owner of a building with windows to continue receiving a certain level of natural light through those windows, and which can prevent, or require compensation for, a neighbouring development that would substantially reduce that light. In England and Wales, a right to light is most commonly acquired by prescription -- typically after at least 20 years of a window receiving light without interruption or permission -- under the Prescription Act 1832, though it can also be granted expressly in a deed when land is sold or developed. Unlike a general right of way, a right to light protects a specific defined level of illumination reaching a particular aperture (a window, skylight or similar opening), assessed using a technical method that estimates how much of a room can be lit to an ordinary working standard; a development does not have to block a window completely to infringe the right, only to reduce the light reaching it below that minimum acceptable level, which is why right-to-light disputes commonly arise from tall extensions, loft conversions or new-build developments overshadowing a neighbouring property. If an infringement is found, the usual remedies are either an injunction requiring the offending structure to be altered, reduced or demolished, or, more commonly where a court considers an injunction disproportionate, an award of damages representing a share of the value the development has gained by proceeding despite the infringement, which can run into hundreds of thousands of pounds on substantial commercial schemes. Because right-to-light claims can significantly delay or add cost to a development, and because the right applies automatically after long use rather than needing to be registered, developers commonly commission a right-to-light survey before major projects, take out right-to-light insurance to cover the risk of a claim, or negotiate a deed of release or variation with affected neighbours in exchange for a payment, allowing the development to proceed without the risk of a later injunction claim.