My neighbor's extension blocks my natural light. What are my UK right-to-light rights?

What the Law Says

The right to light in England and Wales is a civil law easement, not a statutory entitlement to 'adequate' or 'natural' light per se. It arises most commonly by prescription under section 3 of the Prescription Act 1832, which grants an easement where light has been enjoyed without interruption for at least 20 years. Crucially, it applies only to defined apertures (e.g., windows, skylights) used for lighting habitable rooms—not gardens, courtyards, or non-habitable spaces. The test for actionable interference is whether the reduction in light leaves less than 50–55% of the room adequately lit (the 'Wheeler v JJ Saunders Ltd' and 'Coles v Minories Finance Ltd' case law standard), assessed using the 'sky factor' method. Importantly, this right exists independently of planning permission or Building Regulations compliance—so even a lawfully built extension may infringe it.

Practical Steps

First, obtain a professional right-to-light survey from a qualified chartered surveyor (RICS-accredited) to assess historical light levels and quantify any loss. If interference is confirmed, send a pre-action letter before claim outlining your position and requesting mitigation (e.g., redesign, compensation, or undertaking not to proceed). Early engagement is critical: courts strongly encourage Alternative Dispute Resolution (ADR), and failure to attempt negotiation may reduce costs recovery. If litigation becomes necessary, you must issue proceedings within six years of the infringement becoming actionable (Limitation Act 1980, s.2), though injunctions are more likely than damages if sought promptly—especially before construction completes. Note that the 2022 Supreme Court decision in 'HKRUK II (CHC) Ltd v Heaney' reaffirmed that injunctions remain the primary remedy unless wholly disproportionate.

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