Robert Williams Estate Agents, Exeter

Yes, indeed there is. The Rights of Light Act 1959 is a legal easement, which gives a property owner the right to enjoy the light passing over someone else’s land and through their own ‘defined apertures’ (windows).

The law goes back to the Ancient Lights Law under the rule of William IV, which was superseded by the 1832 Prescription Act. However, not all properties are entitled. A property acquires entitlement through ‘prescription’; that is, if the property has had uninterrupted enjoyment of that light for the last 20 years. If this is the case, then the law should apply.

One thing to bear in mind is that the Act relates not to direct sunlight, but to a minimum level of natural illumination.

It would be sensible for your neighbour to approach you with their extension plans, especially if it poses any cause for concern in this regard. Any major plans must be submitted to your local planning authorities, who use either the ’45 degree’, or the ‘50:50 rule’ to measure the likely impact of a proposed development on light to neighbouring properties and will raise a flag if they foresee any issue.

As a last resort, you could take legal action and if successful, there are a couple of possible outcomes – either you receive compensation, or they may be ordered to demolish all or part of their extension, which could prove extremely costly for them and would be better avoided for everyone involved.

First and foremost, I would advise you to have a chat with your neighbour, see the extension plans, air any worries you have, and they will probably set your mind at rest. If you still have reservations, you could consult a surveyor for their professional opinion on your individual case.

If you’d like any information on this, or if you have a different question, just let us know and we’ll be happy to help!

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