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Right of Light
You are entitled to Daylight as established in the Perscription Act of 1832: Homeowners have a legal right, known as an easement, to access natural daylight. Even if a developer has achieved planning approval, the law prohibits any construction that would block your access to this essential amenity.
Knights of Light protect homeowners' right to daylight, ensuring they maintain a vital aspect of their property's livability.
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There are three remedies for Right of Light Claims:
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Injunctions- the primary remedy under Rights of Light an Injunction is an order that restrains a development beginning or being completed
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Cutback options- where a building is stepped back until it no longer affects an adjoining owner's amenity of daylight.
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Compensation- the courts award damages as a financial remedy to homeowners. To have a claim an actionable interference must be found.
Knights of Light has an experienced team of in-house surveyors and solicitors who work closely with homeowners to find the right solution for you.
Case Law
Hunter v Canary Wharf
(1997)
Homeowners raised claims against the One Canada Water building in Canary Wharf as it had interrupted their Television signal. The courts ruled that unlike Right to Light, restriction of TV signal was not a significant nuisance to merit a claim.
HKRUK II (CHC) Ltd v Heaney
(2010)
In this case, the developer had made a two-storey roof extension to an office building. The claimant requested an injunction due to the actionable loss of light and nuisance caused by this development. The court awarded the claimant with an injunction. The claimant refused a compensation payout and the developer was forced to pay an undisclosed amount of money.
Ottercroft Limited v Scandia Care Limited
(2016)
This case saw the adjustment of a building following a claim. Whereby, the claimant successfully sought an injunction to have the defendant’s fire escape staircase relocated as a result of its impact on rights of light. This is an example of cutback options in practice.
Beaumont Business Centres Limited v Florala Properties Limited
(2020)
A recent case. The developer increased the height of the building by 11.5 meters, resulting in an actionable loss of light to the claimant's property. The developer offered to settle any rights to light claim for £155,000.