Frequently asked questions
We have answered the most common questions around Right of Light below. If you don't see an answer to the question you're looking for, simply request a call back and we'll answer any queries you may have.
Yes, we charge a small commission in the event that your claim is successfully paid out. We cover all the assessment, surveyor, legal and court fees and you are not required to pay anything upfront. The commission amount will be made very clear to you before your commence.
From our experience, it is likely that your claim will settle within a year. This can vary significantly on a case by case basis as some cases can be far more complex than others.
No, a development can be fully lawful and compliant with planning permission yet still unlawfully interfere with a neighbour’s right to light. In litigation, courts treat these as separate issues and will not let planning permission defeat a claim. However, it can influence the remedy, as courts are often more reluctant to order demolition where a scheme has been properly planned and delivers regeneration benefits, making damages a more likely outcome in many cases.
With Daylight Protect, no. We fund the surveyor, solicitor, counsel, and litigation insurance. You pay nothing out of pocket. We only take a fee if your claim succeeds.
Very. Typically, you have 12 months from the date of first infringement so this may be during the development phase and not when the construction is complete. After this 12 month window, it may be deemed that you have surrendered your light. However, it is important to note that every situation is different and certain exceptions exist.
We will gladly assist you with the best advice if you have received a letter from a developer. If you have been offered a settlement figure, we may be able to value this and tell you if it is fair or whether to ask for more. We can also present you with all the legal rights you have and advise if you want to negotiate further or take legal action.
Right of Light is a separate matter from the Local Authority as it is governed by common law in England and Wales. Planning Permission can be granted even though you have a Right of Light. Daylight Protect is here to help you fight for the compensation you deserve so please contact us for a free assessment.
This is a legal document that is served on the party who has suffered a loss of light (YOU) to prevent a ROL occurring or to eliminate a ROL that already exists. If the LON is served upon you, you must commence proceedings as soon as possible within 12 months. However, if you do not respond to the Notice within the fixed period, you will lose your Right to make a claim.
It is calculated by your Chartered Surveyor who is selected from our panel of RICS surveyors on a case by case basis. It is a complex calculation that takes into account many different factors and is computed by professionals with many years of experience.
You should contact us immediately to discuss the value offered. It is common practice for developers to make you aware that they may be infringing on your light but it is likely that you may be entitled to more than they offer and you should contact us today to discuss your compensation.
Technically an easement is a right to use or cross over someone else's land for a specified purpose. Where light is concerned, it is simply your right to receive daylight across your neighbour's land.
There is no simple answer but in most cases you have 12 months from the date of first infringement so this may be during the development phase and not when the construction is complete. For example, if there was a 2 storey building directly opposite you with planning for 3 additional storeys, the moment an additional storey during the construction stage impacts your light, your 12 month period will begin. After this 12 month window, it may be deemed that you have surrendered your light. However, it is important to note that every situation is different and certain exceptions exist.
The court can impose an injunction on a development by preventing the on-going construction or even enforcing demolition of all or part of the building. However, the most common scenario is damages which can result in substantial compensation for you.
This can vary significantly on a case by case basis as some cases can be far more complex than others. However, from our experience it is likely that your claim will settle within a year.
Anyone who has an interest in a property; that means any tenant in occupation and/or their landlords i.e. Freeholder, Head Leaseholder or Sub Lessee.
Any neighbouring or close proximity building that once erected will impact on the light you receive.
ROL is an easement that gives a landowner the right to receive light on to their land or through defined apertures e.g. windows in buildings. These “rights” belong to the land or buildings and can be passed on to you in your title deeds or more commonly acquired through continuous enjoyment of light for 20 years or more.
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