Extensions And Getting Past The Right To Light

We can t afford an ongoing legal battle about light through the courts though most people seem to be telling us that this is almost unheard of in the case of small extensions on small terraces.

Extensions and getting past the right to light. It s a subject that s often overlooked when planning to build an extension to a house but the right to light can easily derail the endeavour as a separate piece of legislation not always realised during the planning. It s an issue that is frequently overlooked but the right to light is a crucial piece of legislation that may scupper a bid to build an extension to a property. We accept we may have to pay surveyors for the pw my real issue going forward is the right to light as our neighbour is a determined man. There are two methods used for applying 45 degree rule.

Restricting light any kind of development can potentially block the light coming into your home including a neighbour s extension new shed garden wall or part of a new housing development. In anyones home just over half the room should be lit by natural light. If your new extension will limit the light coming into your neighbour s windows and the level of light inside the room s falls below the accepted level then this constitutes an obstruction and your neighbour is entitled to take legal action. A bathroom is not a habitable room so i m not sure it would count.

A simple loss is not enough it has to be beyond a certain level to be considered unacceptable. The only thing the planners will consider is whether the extension will cause a loss of light or sunlight which would be cause adverse amenity to your neighbour. Considers the height of the extension. Right to light is a very specific area of law and not a planning consideration in itself.

Right to light under threat in planning law shake up historic laws which guarantee householders the right to enjoy the light which comes into their homes could be scrapped to encourage the. In general terms the minimum amount of light is equivalent to the light from one candle one foot away. It s tricky to judge without seeing photos however the right to light issue is normally addressed by the 45 degree rule you can t build a 2 storey extension inside a 45 degree angle drawn from the centre of the window which service s your neighbour s nearest habitable room. It is based on the notion that it is reasonable to expect a certain level of light and unobstructed view from a habitable room window.

What every property owner should know as a property owner one can acquire a legal right to a certain amount of light.