Right to light for property buyers

When you're in the process of looking for a property to buy, there are so many things you'll be thinking of.

Probably for most the primary concern is its location and its proximity to things that are important to your life, such as the amenities, transport links, schools, leisure activities and so on; whether it has a driveway for off-road parking; which way the garden faces; how much work is likely to be required to bring the property up to the standard you want; seeing past the current decoration and furniture configuration to understand how you might use and adapt the space in the rooms; and so many other things that instantly grab your attention as you walk around.

One of the things that you also probably look out for, at least subliminally, is whether the rooms appear dingy or, as the plethora of property television programmes have it, "airy". This is a bit of a misnomer since what they are most likely to be thinking about is how light it is.

This perception is a very real requirement for property buyers in England.

Most people would prefer to live in a place that is open to the daylight - the human being is, after all, naturally designed to operate most effectively in the daylight hours. This is why some people suffer from Seasonal Affective Disorder (SAD) in the winter months because of the short days and general gloominess that pervades.

In fact, the right to light is one of the more unusual entitlements to be enjoyed by homeowners. 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.

When can right to light be overridden?

There are, of course, 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 considered that the right to light question 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.

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're buying a home, it's crucial to check out if any planning permission has been granted for developments close by that could affect the property you're 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 to look for in planning applications

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

When buying a property, you'll want to ensure your right to light is protected. At Surveyor Local, our RICS chartered surveyors can assess potential light obstruction issues and provide detailed reports for your conveyancing solicitor.

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