06 Jun, 2025/ by Surveyor Local /Guides
When you walk around a property you are thinking of buying, you will notice almost immediately whether the rooms feel light and open or dark and closed in. What you might not think about is whether that light is legally protected and whether anything could threaten it after you move in.
What is the right to light in property law?
The right to light is one of the more unusual entitlements enjoyed by homeowners. Some people call it right of light, but the correct legal term is right to light. Specifically, the common law rule in England ensures that just over half your home is lit by natural light. As such, any new developments in the vicinity must take that requirement into account when drawing up plans.
A right to light is not automatic the moment a window is installed. Under the Prescription Act 1832, a property acquires the right after 20 years of uninterrupted enjoyment of light through a particular window or aperture. Once established, it becomes part of the property in the same way as any other legal right and passes to new owners on sale.
When can right to light be overridden?
There are certain instances where this right to light can be overridden. For example, if the local authority can show that the plans for a new development are in the public interest, irrespective of the diminishing natural light that would then come into your property when the development was built.
Natural light vs sunlight: understanding the difference
It is worth pointing out that there is a difference between "natural light" and "sunlight" when it comes to interpreting what constitutes the right to light. While a tree in the neighbour's garden might be casting a shadow when the sun is shining, it is not covered by the provisions of the common law, since the right to light refers to the daylight and how neighbouring activities impact that coming into the home.
It should also be noted that the right to light does not cover the garden for the same reasons, unless the right to light in the home is significantly restricted by what is happening beyond your borders.
How building surveys protect your right to light
Chartered surveyors who are members of the Royal Institution of Chartered Surveyors (RICS) can specialise in right-to-light cases, working with both sides where a development or extension may potentially infringe on a property's natural light.
When you are buying a home, it is worth checking whether any planning permission has been granted for developments close by that could affect the property you are interested in. A surveyor examining a property for a RICS Level 3 Survey can also assess potential breaches of right to light.
This will appear in the report written up after their assessment and, where there are concerns about any plans contravening the right to light, they will highlight this point for the attention of your conveyancing solicitor to deal with the local authority controlling the planned development planning request.
What RICS surveyors check
When conducting a property survey, RICS surveyors will check:
- nearby planning applications that could block natural light
- proposed building heights and their impact on your property
- local authority development plans in your area
- existing structures that may already affect light levels
Right to light survey
If you want a dedicated assessment of a right to light risk before you commit to a purchase, this is something a chartered surveyor can build into a Level 3 survey rather than something you need to arrange separately. During the visit, the surveyor checks nearby planning applications and proposed development heights, then sets out anything material in the written report so your solicitor can raise it with the local authority if needed.
This is particularly worth arranging if you already have concerns about a specific site nearby, since it gives you an independent, written assessment rather than relying on what an estate agent tells you.
What to do if you spot a risk before buying
If you are concerned about a nearby development on a property you are considering, act before you exchange. Ask your estate agent whether any planning applications have been submitted for neighbouring plots. Check the local authority's planning portal yourself. It is publicly accessible and shows what has been approved and what is under consideration.
Then get a Level 3 survey booked, or compare survey levels if you are not yet sure which one you need. Your surveyor will give you an independent assessment and make sure anything material is flagged in the report for your solicitor to follow up.
Right to light issues can also overlap with wider property boundary disputes, so it is worth reading up on both if you are dealing with a difficult neighbour situation.
If you already own a property and believe a neighbouring development is infringing your right to light, take legal advice from a solicitor experienced in property law without delay. Time matters, particularly if construction has already started.
Professional right to light surveys
Surveyor Local works with RICS chartered surveyors across England and Wales. If you are buying a property and want an expert assessment of any right to light risks, alongside a full inspection of the building's condition, get a no-obligation quote online or call our friendly team on .