Property Law

Right to Light for Landlords UK

Right to light as easement: Prescription Act 1832 s.3 (20 years' actual enjoyment); Colls v Home and Colonial Stores [1904] standard (sufficient for ordinary comfortable use); infringement assessment (Waldram methodology; BRE guidelines); planning permission does not override (Heaney v Leeds City Council [2020]); remedies — injunction or damages in lieu (Shelfer criteria; SCA 1981 s.50); Rights of Light Act 1959 light obstruction notice; deeds of release; indemnity insurance.

11 min readUpdated 7 June 2026Last reviewed: 17 May 2026right-to-lighteasementprescription-act-1832daylight

What Is a Right to Light?

Easement entitling building owner to sufficient daylight through defined apertures for ordinary comfortable use. Colls v Home and Colonial Stores [1904] AC 179 HL: not a right to all light — sufficient for comfortable use as dwelling or business. Benefits specific windows, not the building generally. Expert daylight surveyors quantify using Waldram methodology and BRE Digest guidelines.

How Rights to Light Are Acquired

Express grant by deed; implied grant (Wheeldon v Burrows [1879]; LPA 1925 s.62) on sale/lease of part; prescriptive right under Prescription Act 1832 s.3 — 20 years' actual enjoyment through defined apertures, uninterrupted, without consent, gives absolute indefeasible right. Registered land does not prevent prescription for rights to light.

What Constitutes Infringement

New structure reduces light below level needed for ordinary comfortable use of the protected room. Expert daylight survey required. Planning permission irrelevant: Heaney v Leeds City Council [2020] EWCA Civ 1610 — grant of planning permission does not authorise infringement of a private right to light. Risk of injunction requiring demolition even of completed structures.

Remedies — Injunction or Damages

Primary remedy: injunction (interlocutory or mandatory — can require demolition). Damages in lieu (SCA 1981 s.50): court weighs Shelfer criteria — injury small; measurable in money; small payment sufficient; oppressive to grant injunction. Midtown v City of London Real Property [2005]: damages in lieu increasingly awarded for completed development. Release payment: developer negotiates lump sum with benefiting owner pre-works.

Prevention — Notional Obstruction and Indemnity Insurance

Rights of Light Act 1959: register 'light obstruction notice' as local land charge — legal effect of actual physical obstruction; interrupts prescriptive period without any physical works. Indemnity insurance: covers injunction or damages award risk; premium varies with strength of right. Deed of release: definitively extinguishes right; negotiated with benefiting owner; most secure solution.

Frequently asked questions

What is a right to light?+

An easement entitling a building owner to sufficient daylight through defined windows for ordinary comfortable use (Colls v Home and Colonial Stores [1904]). Acquired by express grant, implied grant, or 20 years' prescriptive use under Prescription Act 1832 s.3. Runs with the land and binds neighbours.

Does planning permission prevent a right to light claim?+

No — Heaney v Leeds City Council [2020] confirmed that planning permission does not override a private right to light. A developer who proceeds in reliance on planning permission despite a known right to light risk may face an injunction requiring demolition.

How do I stop a neighbour acquiring a right to light against my property?+

Register a 'light obstruction notice' under the Rights of Light Act 1959 — a local land charge with the legal effect of a physical obstruction, interrupting the prescriptive period. The affected neighbour can apply to court to cancel it — seek legal advice before and after registration.

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