Right to Light – what it means for your project
An important consideration when thinking of extending your house is your neighbours’ access to natural light – it may shape what and where you can build. Take a look at our clear guide.
I want to build an extension - how does a Right to Light affect me?
Although there are many issues when starting an architectural project, if you have neighbours nearby, you’ll need to consider how your project will affect the light they receive, as your neighbours may well have a ‘Right to light’.
Put simply, this is a building’s right to enjoy natural light coming in over someone else’s land, and they generally become an issue when a new or proposed development affects a neighbouring property’s access to light.
Rights to light is a very complex area, and essentially involves assessing whether a room will retain adequate daylight after the proposed development is carried out.
Given the amount of factors that can that come into play, ‘Right to light’ is usually decided on a case by case basis, and the terminology used it generally quite open to interpretation, so getting an expert in to help draw up your report is a sensible idea.
Is the Right to Light the same as the 45-degree rule?
The 45-degree Code or Rule (together with the related 25-degree rule) is a planning consideration, and affects the location of windows and seeks to avoid overlooking and overshadowing, but is not used to assess rights of light, as these are a legal issue. They are, however, relevant to each other.
The measure that is used for Right to Light is known as the ’50:50 rule’, and measures adequate daylight in a room to see whether a development would infringe the Right to Light of the ‘dominant’ property.
The 50:50 rule involves ascertaining the amount of sky visible (on a working plane 850 mm above the floor) from inside the room; sunlight and orientation are irrelevant.
An ‘injury’ occurs where the percentage of adequate daylight caused by the development is reduced to less than 50%.
However, if more than 50% of the room still receives adequate light, there is considered to be no injury, regardless of the amount of light lost.
Given that this rule generally applies to ‘habitable rooms’ where people tend to spend more time, at Lapworth Architects, we work to retain adequate light to at least 55% of the room in the new conditions.
I'm the affected neighbour - what happens if my
Right to Light is affected?
Remember that a Right to Light is not an entitlement or guarantee to receive the same natural light you received before the development, as the law does allow light levels to be reduced in a room by a neighbouring development – provided there is still sufficient natural light left for that room to be used ‘ordinarily’.
However, a Right to Light is protected by law and if a development infringes it as above, an injunction may be obtained through the courts. This can not only stop a development and force a redesign, it can also mean that a development is demolished.
As a rule, this doesn’t happen often in private residential developments, and it‘s more common, to come to an agreement where the person with the right to light ‘sells’ it for a consideration to allow the development to go ahead, although they are well within their rights to refuse to sell in this way.
Avoid the headaches with our experts
Given the potential expense, paperwork and inconvenience of having to pay compensation to your neighbour after taking legal action against you, getting a professional in to check whether Rights to Light will be affected by your development will save you time, money and headaches.
It’s much easier for our team to design around any potential Rights to Light, so if you think your planned project might affect your neighbours in this way, come and speak to our professionals. We can give you a clear answer and move your project forward without upsetting your neighbours. Call us on 0121 455 0032, drop us a line on our live chat, or fill out the message at the bottom of the page. Let’s get your project started!