Glossary
Rights of light between closely built London houses
A separate property right to a defined level of natural light, distinct from planning. Can lead to injunction.
A separate property right to a defined level of natural light, distinct from planning. Can lead to injunction.
A right of light is a private legal easement to a defined level of natural light through a defined aperture. It is usually acquired under the Prescription Act 1832 after twenty years of uninterrupted enjoyment, and it is entirely separate from planning — permission is no defence to an injunction.
A right of light is a private easement, not a planning rule. It is acquired after 20 years of uninterrupted daylight through a defined aperture under the Prescription Act 1832, and it survives a grant of planning permission. Councils apply the separate BRE daylight tests; clearing those does not clear the easement.
| Test | Threshold | Where it comes from |
|---|---|---|
| Vertical sky component at the neighbour’s window | 27%, or at least 0.8 times the former value | BRE BR 209, 3rd edition (2022) |
| Annual probable sunlight hours | 25% of the year, 5% between 21 September and 21 March | BRE BR 209 |
| Right acquired by long use | 20 years’ uninterrupted enjoyment | Prescription Act 1832, s.3 |
| Interrupting the 20-year clock | Light obstruction notice on the local land charges register | Rights of Light Act 1959 |
| Private-law remedy | Injunction, or damages in lieu | Coventry v Lawrence [2014] UKSC 13 |
Sources: BRE BR 209 Site Layout Planning for Daylight and Sunlight, 3rd edition (2022); Prescription Act 1832; Rights of Light Act 1959; retrieved 1 September 2026. The BRE figures are planning guidance and are not the legal test — a scheme can meet every BRE number and still infringe an easement, which is why the two questions are answered separately on this page.
Not all of it. The established test, from Colls v Home and Colonial Stores, is whether enough light remains for the ordinary use of the room. The conventional measure is the 50/50 rule: adequately lit if at least half the room area receives at least one lumen per square foot at working plane height — 0.2% sky factor.
Injury is measured as the loss below that threshold, which is why a right-to-light surveyor's report deals in areas of a room rather than in window sizes.
Damages or an injunction. The courts have been willing to grant mandatory injunctions requiring completed buildings to be cut back — HKRUK v Heaney is the case that made developers take the risk seriously. Damages are often assessed on a release-fee basis: a share of the developer's profit rather than the diminution in the neighbour's property value.
A right-to-light survey before design, negotiation and a deed of release with the affected owner, insurance where the neighbour cannot be traced or will not engage, or design modification. For a householder extension the risk is usually low but not zero — a two-storey extension beside a neighbour's ground-floor kitchen window is the classic exposure.
How right of light plays out in Southwark: London Borough of Southwark (Southwark Council) maintains 43 conservation areas, the Camberwell Grove Conservation Area and the Bermondsey Street Conservation Area among them, and an Article 4 direction is in force there, so permitted development cannot be assumed. Anyone dealing with right of light at a Southwark address is therefore working to a £548 householder application decided in 8 weeks, or a £249 prior approval over 6 weeks where right of light still qualifies.
| Legal basis | Prescription Act 1832, 20 years |
|---|---|
| Test | Sufficient light for ordinary use |
| Conventional measure | 50% of room at 0.2% sky factor |
| Remedies | Damages or injunction |
| Planning permission | No defence |
| Risk management | Survey, deed of release, or insurance |
No. They are separate legal regimes.
Twenty years of uninterrupted enjoyment through a defined aperture.
A mandatory injunction requiring cutting back has been granted, so the risk is real.
Pick a slot that suits you. No obligation and no sales pressure, just straight answers on your planning route.
