Here Is How You Have The Right To Light

Published: 27th September 2011
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Let's say you've been working at your office building for the last 20 years or more, and you've always enjoyed sitting at your desk working as the morning sunshine beams through the window. It gives you this energizing lift each morning to get your work done. Your neighbor that you've know for years decides they want to build a two storey building right across from your office window. You're actually disturbed that your invigorating morning enthusiasm is about to be blocked by this new building. Don't fret, because there is an old English law taken from the English Prescription Act of 1832 that will actually come to your aid. It is your "Right Of Light". This right of light protects you from losing the illumination that you've enjoyed for the past 20 years or more, and allows you the upper hand. You are entitled to forbid any construction or other obstruction that would deprive you of that illumination. Your neighbor is required to get permission from you in order to block your light. Your neighbor would have to move mountains in order for him to get away with taking your right of light away from you.


If you decide that you don't want to forfeit your right to light, you could claim that the building has to be smaller. You could ask to be compensated from the new building project to give up that right of light. What about the fact that you don't want the project to built at all. You even have that option available. Some instances have been noted from history that have caused building projects to be torn down and redesigned in order to comply with the neighbors right to light. Can you imagine what that would do to the old adage of loving your neighbor as you love yourself? Somehow I sense that the friendly discussions that you normally would have with your neighbor would transpire into heated arguments and hostility. Don't you think this type of problem could cause some major issues with your building project? Can you see how the new building management has to take into consideration this concept? This could be one of the most subjective planning issues of your new building project. Planners will pay great attention to your development or extension. They will want to be satisfied that the window is not interrupted from skylight by your building project. Primary and secondary windows are usually what type of windows categorized. Secondary are usually windows that aren't given much attention, and usually aren't as important as a primary window. Primary windows are the ones that get the most light. Since secondary windows aren't given as much weight as primary windows, they are usually ignored in the assessments.


The job of the building project manager is a tough job, because he has to take into account several different types of hindrances. Examples would be a neighbor’s shed, garden walls, extensions, new housing and commercial developments. The Access Consultant might propose having an expert witness come in and take a look at the situation. Preparation and registration of light obstruction notices would be completed. Finally computer analysis and 3D modeling techniques are created and entered into the building project.

If you discover a neighbours principal window to a habitable room on the side of the property adjacent your own building works. Do not ignore it. Adjust the design of the new building to take this window into account. Hire a professional service to help you. At AA Projects, ‘rights of light’ is a specialist service offered by our experienced building surveying team. Their expertise brings many benefits to the table for both sides of the property owners. Our rights of light surveyors have extensive knowledge and experience. The services of AA Projects will be used in helping to find a wide range of party wall issues. Our services can be upbeat in helping developers to find a practical decision before the building project even begins. Take a look at some of the services AA Projects offers in conjunction with their Access Consultants services at the following link.
AA Projects Consultants

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