What is Common Law Right to Light?
Understanding Common Law Rights to Light
A Right to Light is a private legal right that allows a property owner to continue receiving sufficient natural light through defined windows or openings in their building.
Unlike planning matters, Rights to Light are governed by common law and are separate from the planning permission process. In many cases, Rights to Light are acquired through long-term enjoyment of light over a period of at least 20 years. If a proposed development significantly reduces the amount of light reaching neighbouring windows, an affected property owner may have grounds to pursue legal action, seek compensation, or in some circumstances request an injunction.
As Rights to Light are not considered as part of the planning system, a development can receive planning permission and still be subject to legal challenges relating to light obstruction. This makes early assessment critical for developers looking to minimise risk and avoid costly delays.
Why Choose MES Building Solutions?
Trusted Rights to Light Specialists
At MES Building Solutions, we combine surveying expertise, technical analysis and practical industry experience to provide clear, commercially focused advice on Rights to Light matters.
Benefits
What is the Process?
Simple, Efficient, Clear
Our proven step-by-step process keeps your project on track and delivered on time.
Step 1
Initial consultation about your potential Rights to Light issues.
Step 2
We review plans, drawings and surrounding properties.
Step 3
Where required, we undertake detailed site surveys.
Step 4
We use specialist software to evaluate the potential impact.
Step 5
We outline findings, risks, and recommendations in our report.
What's Included?
Every Rights to Light Assessment Includes
Recent Project Experience
Rights to Light Projects
Our team understands that every development is different. We work closely with clients to identify potential risks early, develop practical mitigation strategies and support projects from initial feasibility through to negotiation and resolution.
A new student accommodation complex in Nottingham.
A residential extension on the South Coast.
A large scale phased residential project in West London.
A mixed-use infill scheme in Norwich.
What Our Clients Say
Dealing with MES Building Solutions with regard to rights to light has been a very satisfactory experience. As a residential customer and complete novice in the area of rights to light, I found their approach, from the CEO down to the surveyor who dealt with my case, to be very professional and customer orientated. They took the time to talk me through the process in plain English and were always on hand to answer questions and queries. In summary, they gave a fantastic service, at a competitive cost, and I would not hesitate in recommending them to anyone who needs support with a rights to light issue”.
GJ, Private Housebuilder
Frequently Asked Questions
A Right to Light is a legal easement that protects a property’s access to natural light through defined windows or openings. If that light is significantly reduced by a neighbouring development, legal remedies may be available.
No. Planning permission and Rights to Light are entirely separate matters. A development can receive planning approval and still face a Rights to Light claim from neighbouring property owners.
In most cases, Rights to Light are acquired through long-term uninterrupted enjoyment of light, typically for a period of at least 20 years.
Developers, architects, planning consultants, housing associations, local authorities and neighbouring property owners may all benefit from a Rights to Light assessment where development could affect existing windows.
Potential outcomes may include redesigning a scheme, negotiating with affected parties, obtaining specialist insurance, paying compensation or, in some cases, facing legal action. Early assessment helps identify and manage these risks.
Modern assessments use detailed surveying information and advanced 3D modelling techniques that are widely accepted by Rights to Light professionals, insurers and the courts.
Yes. We can provide technical evidence, compensation valuations and professional support during negotiations relating to Rights to Light matters.
Costs depend on project size, complexity and local planning requirements. Contact us for a fixed-fee quotation.
Turnaround times vary by project size and complexity, but we aim for 10-15 working days on most projects.