Right to Light

Right to Light

A management and property consultancy, AA Projects specialises in Building Surveying, Project Management, Quantity Surveying, Environmental Consultancy, Strategic Management and Health & Safety expertise.

At AA Projects, Rights of Light is a specialist service offered by our experienced building surveying team. Our expertise in this field can benefit developers or the potentially injured party.

Rights of Light are civil matters between neighbours and are independent of the planning system. Even if planning permission has been granted, care should be taken not to cause an infringement to the rights to light enjoyed by nearby buildings. In England and Wales, a ‘Right of Light’ is usually acquired under the Prescription Act 1832. Under the Act, a right of light automatically occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.

Our Rights of Light surveyors have extensive knowledge and experience of current case law and can be proactive, helping developers to find a practical resolution before building commences. This can include offering advice on redesign, adopting computer analysis techniques to define maximum building envelopes or the preparation of Light Obstruction notices. Once an infringement has occurred, our services include handling dispute resolution and providing expert witness services.

As part of the Rights to Light service provided by AA Projects, we monitor any Court cases to ensure that we remain at the forefront of providing advice to Developers, Architects and owners affected by development. Every case has its own intricacies and the decisions do not always follow a set pattern. However, over a large number of years a general pattern has evolved that is used to provide advice. Every so often a case is decided that shifts away from generally accepted practices so it is important to monitor them and we need to look at the precise details of the case to establish why and adjust advice to clients.