Rights of Light

Rights of Light (ROL) is a critical consideration when assessing the development potential of sites in urban areas. It is a common law easement between landowners, similar to a right of way. Issues arise when a development reduces the amount of natural light received through a neighbouring window that may be legally protected.

It is important to distinguish Rights of Light from Daylight and Sunlight, which is strictly a planning requirement. However, both should be considered together, particularly for residential properties.

If a court determines that Rights of Light have been infringed, the ultimate remedy can be an injunction—either preventing construction or requiring the removal of the offending part of the building, even if already built. This presents a significant risk to developers and investors.

At MDX Surveyors, we assess potential risks and develop tailored strategies to mitigate them, ensuring projects can proceed with minimal disruption.

We strongly recommend that Rights of Light considerations be addressed early in the development process to identify potential risks and incorporate any associated costs into the development appraisal. We provide pre-acquisition advice and collaborate with architects to optimize site layouts while minimizing legal exposure.

If you suspect that Rights of Light may be an issue for your site, get in touch—we offer initial site reviews to outline next steps.

Additionally, we provide in-person and virtual CPD sessions on Rights of Light, covering the legal framework, key considerations, and risk mitigation strategies. These sessions help demystify what is often seen as a complex aspect of property law.

We offer the following services in relation to Rights of Light;

  • Pre-Acquisition/Vendor Advice

  • Feasibility Assessments and Initial Appraisals

  • Development Envelope Assessments and Site Optimisation Strategy

  • Site Modelling and Technical Rights of Light Analysis

  • Rights of Light Reporting and Strategy

  • Rights of Light Insurance Reporting

  • Rights of Light Negotiations

  • Cutbacks to Ascertain Potential Developers Profit Calculations

  • Section 203-206 of the Housing and Planning Act 2016 Advice

  • Expert Witness

  • Portfolio Management

  • Adjoining Owner Advice