A right to light is an easement granting a property owner the right to receive sufficient natural light through defined openings. Defined openings include windows, skylights and glass roofs. It can prevent neighbouring owners from building in a way that substantially reduces this light.
An unlimited amount of light is not guaranteed but where the light is substantially reduced, this can lead to injunctions or damages if interfered with.
Rights to light, as with all easements can be acquired in a number of ways. The most common is by prescription (i.e. where a property has enjoyed natural light for at least 20 continuous years without permission or interruption. An express grant is when there is a formal agreement between landowners. It is also possible to acquire through an implied grant – e.g. when a property is divided and light to one part was clearly necessary and apparent before the split.
The purpose of a right to light is to ensure adequate light for the room’s normal purpose. Different rooms can require different levels of light (consider the use of a living room as opposed to a downstairs’ toilet).
When a development occurs that significantly reduces the light below the accepted standard, this would be an infringement. A benefitting owner can take legal action and Courts will often award damages (sometimes tied to the developer’s profits). These damages can be significant.
A 2025 case Cooper v Ludgate House Ltd saw the High Court refuse an injunction to restrain an interference with their rights to light but instead award damages totalling £850,000. The amount of compensation would usually be assessed on the basis of the magnitude of the loss of light and whether an injunction would be appropriate.
The damages awarded were assessed not on the basis of the effect on value of the claimants property but on a negotiated basis. The judge determined where he felt negotiations would have settled if the developer had negotiated with the benefitting parties to remove all risk of infringements.
This case reinforced the ‘Waldram method’ for measuring light, despite criticisms of this. The judged noted that this is “the industry standard and is used by everyone”. The Waldram method (established in the 1920s and 1930s) determines the point at which someone is able to complain about loss of light – specifically, whether at least 50% of a room will still receive adequate daylight (around 0.2% of the sky’s light at desk height) after construction. It relies on a simplified model and makes no allowance for modern standards, reflected light or seasonal changes.
So, what should a developer do?
The first step is to establish what right to light may exist. The title deeds need to be reviewed and considered – are there any rights to light specifically granted or conversely, are rights to light specifically excluded? Assuming there are no references to rights to light, how long has the neighbouring property enjoyed any free and unrestricted light. Could the neighbouring property have acquired prescriptive rights?
It is possible to serve formal notice under the Rights of Light Act 1959. This is a formal artificial interruption of light and acts as is a physical wall had been built. If that notice remains unchallenged for a year, it prevents the acquisition of the rights to light. This notice must be formally registered as a local land charge.
Before serving a light obstruction notice, it is important to consult a right to light surveyor.
Alternatively, the developer could determine whether the development would create an actionable interference (with the advice of a surveyor experienced in applying the Waldram method) and if that is the case, negotiate with the neighbouring owners to surrender or vary their right to light.
To speak with Tamzin about a related matter, please call 01483 887766, email info@hartbrown.co.uk or start a live chat today.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
