Rights of light disputes are a regular feature of commercial property in built up areas, especially where redevelopment and upward extensions are common. If you own or occupy commercial premises, access to natural light through your windows is not just about comfort or aesthetics. In some cases, it is a protected legal right. If that right is interfered with by a neighbouring development, you may be entitled to take action.
For commercial owners, loss of light can have real consequences. It may reduce the value of your building, affect how easily it can be let or make parts of the space less usable. For developers, an overlooked right of light claim can delay works, increase costs or force design changes late in the process. Understanding how rights of light work and what triggers a dispute, is the first step in protecting your position.
This guide explains what rights of light are, how they are acquired and when a commercial property owner may have a claim.
What are rights of light?
A right of light is a type of property right known as an easement. It gives the owner of a building the right to receive a sufficient level of natural light through a specific window or opening, across adjoining land. The right attaches to the window itself, not to the whole room or building.
It is important to be clear about what this right does and does not cover. It is not a right to direct sunlight all day and it is not a right to preserve a view or open skyline. The legal focus is on whether the light reaching the protected window remains adequate for the ordinary use of the room it serves.
Because it is an easement, a right of light can bind future owners of neighbouring land. That is why disputes can arise even when the person developing next door was not involved in the original creation of the right.
How rights of light are acquired
Most commercial rights of light arise through long use rather than by written agreement. The most common route is prescription. If a window has received uninterrupted natural light across a neighbour’s land for at least twenty years, without permission and without being blocked, a right of light can arise automatically.
This twenty year period has to be continuous. If the neighbour takes formal steps to interrupt the light, for example through a registered notice, the clock can be stopped before the right is acquired. That is one reason why developers often act early to reduce risk.
Rights of light can also be created by express grant. This means the right is written into a deed or lease, often when land is sold or divided. In a commercial setting, this is less common than prescription, but it still happens in certain planned developments or estate arrangements.
When does a rights of light dispute arise?
A dispute usually starts when a new building, extension or redevelopment reduces the light reaching a window that benefits from a right of light.
Not every reduction is legally actionable. The interference must be significant enough to count as a substantial loss of light. In practice, this often comes down to technical assessment by specialist surveyors. Commercial examples include a neighbouring office block rising higher than expected, an infill scheme built close to existing windows or rooftop plant and screening that changes daylight levels.
At this stage, it becomes crucial to establish whether a right exists at all and if so, whether the proposed or completed development breaches it.
How interference is assessed
Once a possible infringement is identified, the next question is whether the loss of light is serious enough to justify a claim. Rights of light do not guarantee the same level of light forever. The legal test is whether the reduction amounts to a substantial interference with the ordinary use of the room.
In practice, this assessment is usually carried out by specialist rights of light surveyors. They look at how much light a window receives before and after the development and whether the remaining light is still adequate. This involves technical modelling and established measuring approaches. The outcome will often guide whether a claim is worth pursuing and how strong that claim is.
For commercial buildings, context matters. A small reduction in light to a storage space may mean very little, while the same reduction to a main office floor could materially affect usability and value. The way the space is used, its layout and the overall impact on working conditions can all influence how a dispute is viewed.
What remedies are available?
If a right of light has been infringed, the court has two main remedies available: an injunction or damages.
An injunction is an order requiring the developer to stop building, alter the scheme or in some cases remove part of the structure. This is the most powerful remedy because it can directly affect the development. However, injunctions are not automatic. Courts will consider whether granting one is proportionate and fair in the circumstances. They will weigh factors such as the conduct of both parties, the scale of the interference and whether compensation could be a more reasonable solution.
Damages are a financial award instead of an injunction. Courts often award damages where the interference is real but an injunction would be excessive, for example where the development is already complete or where changes would be out of proportion to the harm caused. Damages can be assessed in different ways, including compensation for loss of value or a negotiated style figure reflecting what the developer might reasonably have paid to release the right.
Because remedies depend heavily on the facts, early advice is important. If you delay too long and allow a development to progress, the balance may shift away from stopping it and toward compensation instead.
Related: Construction Litigation Explained: Resolving Building Disputes
Practical steps if you think your light will be affected
If you suspect that a neighbouring development may reduce your light, early action is key.
Start by identifying whether a right of light is likely to exist. This usually involves checking how long the relevant windows have received light and whether there have been interruptions. If the windows have had clear, uninterrupted light for more than twenty years, a right may well have been acquired.
Next, commission a rights of light survey. A professional assessment will help you understand the likely impact and whether it reaches the level of substantial interference. It also gives a meaningful basis for discussion with the developer.
If a dispute looks possible, open communication early can often lead to a practical agreement. Many cases settle through negotiated releases or compensation arrangements, especially where both sides want to avoid litigation uncertainty. The earlier discussions happen, the more options there usually are.
Practical steps for developers or owners planning works
If you are planning a development, rights of light should be considered well before construction begins. This includes assessing neighbouring windows, identifying any likely rights and modelling potential impacts.
If risk is identified, developers may explore design changes to reduce interference, negotiate releases with affected owners or secure insurance to protect against claims. Leaving this too late can result in costly delays, rushed negotiations or increased settlement figures.
How rights of light disputes are usually resolved
Most rights of light disputes never reach a final court hearing. They are often resolved through expert negotiation once survey evidence is available. Mediation is also common, particularly where parties want to preserve commercial relationships or find a faster route to agreement.
Court action is normally a last resort. It can be expensive, unpredictable and time consuming. Outcomes depend heavily on technical evidence and the court’s discretion on remedies. For that reason, having legal advice and surveying input early is usually the most cost effective path, whether you are protecting an existing right or managing development risk.
Keeping your position protected
Rights of light are a real legal protection for commercial property owners, especially in dense city environments where redevelopment is constant. A claim can have significant commercial value, but only if it is identified and handled properly.
If your property may be affected by a nearby development or if you are planning works that could trigger a claim, early assessment gives you the strongest position. With the right professional commercial property support, many disputes can be settled sensibly without the need for court.
Get clear, tailored advice for your case
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
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