Large numbers of homes in England or Wales have the right for viewing. What are your rights? What can you do if you feel your rights are being violated
What’s”the “Right To”Light”?
Many agree with the idea that half of a room should be lit by sunlight. This is equivalent of a candle shining one inch from the wall. This law, also called “the right to lighten”, is protected by both English and Welsh common law.
You must have rights to lighting in order to be heard. The deed can be granted or registered. If a window has been opened for less than twenty years, the permission to let light in is automatically granted.
Any development in the area that is not protected by the rights to light will be restricted. Because any construction in the area could block sunlight from entering through windows or openings, this is a restriction.
Many obstacles could prevent neighbors from seeing the view. These are the most common.
* A shed, garage or wall
* House extensions
* Commercial or housing developments
Someone may sue a building that blocks sunlight reaching windows.
What are the steps?
You have the right of protest if you feel the proposed development will restrict the light’s accessibility. The authority may grant planning permission. If not, the project can be put on hold.
A successful stop-development attempt can result in a variety of outcomes, depending on your situation and the nature of the issue. A court can award compensation or direct the demolition of the structure. The court may also issue an injunction or order to stop construction law disputes. Injunctive proceedings are not recommended for everyone. They can be expensive and often only used in extreme circumstances.
Ask experts for advice on natural light rights. Even if the project is still under development by a chartered engineer, it can be used to assess the impact of natural light.
A lawyer is also a smart idea. A skilled lawyer who specializes in construction disputes may be able to help you resolve the matter without having to appear in court.
To help you decide if you want to take legal action, you can consult an attorney who is experienced in construction disputes. You may be eligible for compensation if you feel your rights are being violated and you aren’t able to or willing to assert them.