Rights of light surveying

In England and Wales, building surveyors have an established role in dealing with the enjoyment of natural light in the built environment. Issues can arise as a result of a development interfering with the amount of daylight received through an opening benefiting from a right to light.

This section examines the issue of rights of light from the building surveyor’s perspective. It outlines how to determine whether an easement is likely to exist, the calculation and assessment of loss, the remedies available, and the circumstances where damages may be available instead of an injunction. The typical process for agreeing a negotiated financial settlement is also explained.

This section is maintained by James Hargreaves of calfordseaden LLP.

RICS standards: 

• Boundaries: procedures for boundary identification, demarcation and dispute resolution
• Rights of light
• Surveyors acting as expert witnesses

Features: 

• Rights of light: determining infringements
• The right to light: legal clarification

Journal articles:

• Understanding rights of light for the APC

Cases:

• Fearn and Others v Board of Trustees of the Tate Gallery