A significant portion of homes in England and Wales are covered by the ‘right to view’. What is the right of light? What should you do if this right is not respected?
What is the “Right to Light?”
The majority of people agree that half of the space should be lit by natural light. This is equivalent to one candle shining in the distance.
The right to light must also be granted. This can be done by registration or granted through deed.
If the property is subject to the rights of the light law, any development in the area will be restricted. Because constructions that reduce sunlight through openings or windows could be considered obstructions.
There are many things that could get in the way of neighbors seeing their property. These are the most common.
* A garage or shed
* A wall
* House extensions
* Housing or commercial developments
Someone can sue if they believe that a building blocks sunlight from reaching windows.
What are the steps?
If you feel the proposed development is restricting your access to sunlight, you have the right to protest. Even if the authority granted planning permission, a project can still be stopped.
Depending on the severity and nature of the problem, a successful bid to stop development could lead to multiple outcomes. You could receive compensation or an order to demolish your building. However, injunctive actions can be costly and only used in extreme cases.
If you have questions about your rights to sunlight, an expert can advise you on the best options. A chartered surveyor can help determine the effect on natural light even if the project has not yet been completed.
It is recommended that you hire a lawyer. An experienced construction law disputes might be able help you resolve the dispute without needing to appear in court.
Ask a specialist lawyer to help you decide whether you wish to pursue legal action. If you feel that your rights are being violated and you are unable to or unwilling to defend it, you might be eligible to receive compensation or a modification to the plan to your satisfaction.
Business Name :- Mercantile Barristers
Address :- 10-11 Gray’s Inn Square, London WC1R 5JD