Can my neighbour block my sunlight?

Advice  |   3 February 2025

The expert property litigation solicitors at Thackray Williams are predicting an increase in right to light construction disputes flowing the relaxation of planning laws in December 2024. Partner Mustafa Sidki explains why

See part 1 for an overview of right to light in the UK.

Right to light is assessed by measuring the percentage of visible sky from a specific point. if at least half the rooms floor area at working plain height (The work plane height is the height of the surface where the main tasks are performed) is illuminated by 0.2% of the visible sky.

A claim for infringement of the right to light may arise if the light is reduced below this level by a new development.

If a right to light is infringed, you can apply for an injunction, damages or both against the person interfering with the right, regardless of planning permission being granted. This can be made at anytime before the development is completed to prevent it or after the development is completed obtaining an order for the development to be demolished.

Compensation is worked out by assessing the financial impact on the property value and how much profit the developer is set to make from the project.

If you would like any further information or advice on right to light disputes, please contact Mustafa Sidki in our Dispute Resolution team on 020 8290 0440.

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