According to the Royal Institute of Chartered Surveyors (RICS), ‘In your home, just over half the room should be lit by natural light… A right to light may be acquired by ‘anyone who has had uninterrupted use of something over someone else’s land for 20 years without consent, openly and without threat, and without interruption for more than a year.’ Your right to light is protected under common law, adverse possession and in England and Wales by the Prescription Act 1832.’ There is no right to light in Scotland.
What this means in practice is that you, your neighbours and anyone else who owns a home has a statutory right to natural light illumination within their homes. Any proposed extension, modification or complete new build needs to take this right into account.
The permitted developments legislation is a useful tool as long as all possible constraints are taken into consideration. It is certainly not a ‘free pass’ to build or modify without consideration of location and the rights of others.
We have over eighteen years of experience of new builds and home extensions. We’d be very happy to lend our knowledge and experience to whatever project you have in mind. If you are considering an extension or a new home do give us a call on 0800 3118 321.