If your neighbour is building an extension or even a garden wall, it may obstruct the light your property receives. This is a common cause of dispute between neighbours. In legal terms, these situations relate to your right to light. It is best to seek legal advice about potential loss of light or overshadowing before building work commences.
Kingsley Smith solicitors will help you negotiate with the relevant parties to achieve a satisfactory outcome. If you’re concerned about loss of light to your property, get in touch with our expert team of litigators today on 01634 811118 or fill out an online enquiry form.
Loss of light or overshadowing
If your neighbour is undertaking any type of building work, they must consider whether the development will affect your right to light. In the first instance, we would always recommend talking the issue over with your neighbour in case it can be resolved amicably.
If there is a planned development which you believe will result in a loss of light, you should seek legal advice as soon as possible. You may be in a strong position to make a loss of light planning objection. If any rooms classed as ‘habitable’ are likely to be affected, this may add more weight to your application. These types of rooms include: bedrooms, living rooms, kitchens and conservatories, i.e: rooms that tend to be in constant use for 'every day living'.
Loss of light planning objections
Loss of light planning objections can be lodged by sending a letter to your local authority. We can offer advice regarding this process and the steps to creating an effective objection.
If you cannot make a loss of light or overshadowing objection to a planning application, there are other valid planning objections that may be relevant. These include overlooking or loss of privacy, and loss of public visual amenity. However, loss of view does not count as a valid planning objection.
Permitted development rules should not affect whether you can complain about a loss of light or overshadowing or take steps to prevent this loss of light from occurring.
Making a valid planning objection to a building project when it is at the planning stage is a good idea. To assess how much the level of light has been affected, it will fall to a surveyor to use mathematical calculations. We can arrange for a surveyor to come out to your property. The proposal could be rejected outright if it is shown that it would affect your light to unacceptable levels. Find out more about registering a planning objection.
Loss of Light Compensation
If building work is already underway, your neighbour may be forced to make amendments to the development. You may also be entitled to seek a claim for compensation. If the loss of light is considerable, you may be able to seek an injunction against your neighbour and they could be asked to dismantle the development in question.
To avoid taking your objection to court, it is a good idea to seek early legal advice, as this could save you a lot of time and expense. Find out more about achieving compensation for a development which has caused loss of light to your home or neighbourhood.
Alternatively, if you are already involved in a dispute due to the loss of light or overshadowing, one of our experienced litigators can advise you of the options available, helping you make a successful claim.
For more information on the loss of light, contact us on 01634 811 118 or complete our online enquiry form.
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