Q. My next door neighbour is building an extension that I am not happy about, I have heard about the ‘Right to Light’ Act can you tell me more?
A. One of the most common Right to Light issues are extensions, but can be anything that blocks light including garden sheds etc Right to Light is legislation introduced under the Prescription Act of 1832. It entitles a long standing resident of a property a right to maintain a certain level of light. Under this Act an owner of a property that has received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction that would deprive them of their light. Consequently, once a window in a property has received over 20 years of unobstructed daylight it automatically earns itself a Right to Light.
The Right to Light is a very powerful piece of legislation as it can prevent development even once planning permission has been granted. Should you need to exercise your Right to Light you may need to take legal action and employ the services of a professional solicitor to handle your case.
For example:-
If a development is being constructed or is in planning and you consider your Right to Light will be effected you will need to take legal action which may well end up in court.
If you won the case the court may serve an injunction on the developer and instruct him to reduce or remove the offending part of the building. If the court considers that the loss of light is minimal then they may settle the issue by way of compensation.