Rights to light: a consultation paper: 210 - Tapa blanda

A "right to light" is an easement that gives landowners the right to receive light through defined apertures in buildings on their land. The owners of land that is burdened by the right cannot substantially interfere with it - for example by erecting a building in a way that blocks the light - without the consent of the benefiting owner. Rights to light are valuable: they give landowners certainty that natural light will continue to be enjoyed by a property - increasing its utility, value and amenity. The right may enable landowners to prevent construction that would interfere with their rights or, in some circumstances, to have a building demolished. Where a development has taken place, but a court does not order its demolition, the court may award substantial damages. It may not be clear which remedy the court will order and landowners may succeed in preventing development even if they raise their concerns after building has commenced. This project investigates whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land. It considers the interrelationship of rights to light with the planning system, and examines whether the remedies available to the courts where rights to light are infringed are reasonable, sufficient and proportionate.