Protecting your right to light

The level of natural light that comes through the windows of your home can make a huge difference to your enjoyment of your property. It is understandable then, that you will want to take action if that enjoyment is threatened by a neighbouring development that will block out the light.

Our commercial litigation team explains what rights you have to light in your home, and what steps you can take if these rights are threatened.

How to determine if light will be lost

A property surveyor will be able to confirm whether your right to light has been or is likely to be encroached on by the planned development or obstacle, and if it has been affected by the necessary amount.

When deciding whether a new development should be given the go ahead, council planning officers will often use the ’45-degree rule’. This involves drawing an imaginary horizontal line at 45-degrees from the centre-point of any window which could have its light impeded by the new building. If the line traverses the planned development, this implies light to the window will be obstructed and the development may be blocked.

The 45-degree rule, although frequently used in planning decisions, is not a legally binding rule, so although persuasive, should not be the sole basis of your right to light claim; the claim should instead be mounted, if possible, under the 50/50 rule.

Do I have a right to light in my garden?

A right to light applies to buildings only, so you would not usually have cause for a right to light claim if an obstacle blocks the light to your garden. However, you may have an express right to light to your garden under your property deeds and you can check with the Land Registry to discover if this applies to you.

Your deeds may also contain a mutually enforceable restrictive covenant which prevents both you and your neighbour from planting trees or high hedges. Even if no such restrictive covenant exists, you may have a cause of action under the High Hedges Regulations 2005 if the light to your garden is blocked out by a neighbour’s high greenery which spoils the reasonable enjoyment of any part of your property, including your garden.

The court may, however, award damages in lieu of an injunction if the defendant can satisfy the tests laid out by A.L. Smith LJ in Shelfer v City of London Electric Light Company (1895). This would occur if:

• the injury to your legal rights is small; and
• is one capable of being estimated in money; and
• can be adequately compensated by a small money payment; and
• the case is one in which it would be oppressive to the defendant to grant your injunction and so damages in substitution for an injunction may be given.

Until the case of Coventry v Lawrence (2014), courts generally worked on the principle that an injunction will be awarded unless there are exceptional reasons to not do so. However, although the Supreme Court acknowledged in Coventry that the default position is that an injunction should be granted where a right is infringed, it ruled that damages may be awarded if the defendant can prove that they are a suitable alternative. 

Remedies will therefore be decided on a case-by-case basis, but courts have shown that they are still fully prepared to grant injunctions – particularly if the affected property is residential and the property developer’s behaviour has not been exemplary.   

Our team is experienced in representing parties involved in property disputes, including about the right to light. They will advise you of your options and instruct a property surveyor on your behalf to provide their expert opinion on the position.

Court proceedings are expensive, time-consuming and can be distressing, so it is always better to try to settle any dispute through negotiation or mediation. Our team will represent and support you in mediation or less formal settlement discussions to try and reach an amicable settlement without the need to issue Court proceedings or go to a final trial.

If settlement discussions are not successful and you have to go to court, our team will prepare evidence on your behalf to support your case in the strongest possible way.  They will also provide support, advice, and representation if the claim reaches a final trial in Court.