Manage Right of Light Disputes
Speak to us if you need help handling Right of Light disputes and ongoing claims
Daylight Protect can help if you have an ongoing Right of Light dispute with a property development company or the council.
You may have received letters or spoken to different agents, and you might be getting mixed messages. But if you feel that your daylight is truly being impacted, we can measure this according to the law and you could receive some substantial compensation as a result.
We have a fully funded legal representation which allows us to put pressure on developers to respond and reach a settlement - with no cost to you. We operate a fully no-win, no-fee basis.
To date, we have recovered in excess of £15 million in compensation for homeowners across the UK and Wales and have access to a counsel of specialist litigators and Legal 500 solicitors to manage your dispute.
What is a Typical Right of Light Dispute?
- Natural daylight affected by a new property development
- Natural daylight affected by an ongoing property development
- Natural daylight affected by a regeneration project
- Ongoing dispute with property developers and local councils
- Right of Light injunction, where development is stopped being built
- Right of Light litigation
- Right of Light issue where windows have enjoyed daylight for 20 years or more under UK common law
What Should I Do If My Daylight is Being Impacted?
You are always welcome to reach out to the local council or property development company, but this can feel like a David vs Goliath situation.
Speak to Daylight Protect if you feel that your daylight is being compromised by a new or ongoing development project.
We cover all costs and will start by assessing the impact to your daylight, using the renowned Waldram Method and have this backed up by a professional surveyor.
We are then in a position to put legal pressure on the developer, with the risk of legal action if they do not respond. We can proceed by covering all the costs associated with litigation to reach a final decision and help you receive damages or compensation that you deserve.
Assessment
We have to legally assess how much of your daylight is being blocked and this involves using the Waldram Method to calculate daylight and this is typically where light covers 50% of the floor area. We also look at the legal framework surrounding this such as titles, deeds and grants that could make you eligible for a Right of Light claim.
We have to legally assess how much of your daylight is being blocked. This includes the Waldram Method and the 50/50 rule where at least 50% of the room receives a sky factor of 0.2% or more.
We also look at the legal framework surrounding this such as titles, deeds and grants that could make you eligible for a Right of Light claim.
Negotiation
Using our leverage, we are able to present this information to the developer, knowing that they could be taken to court if they do not respond or reach a valuable offer.
Settlement
If we are able to settle your claim quickly, this is a superb outcome. Otherwise, we will await court proceedings to litigate and get you the best result possible, with claims often completed and wrapped up within 12 months.
Can You Help Me Get a Right of Light Injunction?
Yes, we can advise if you would like to get a Right of Light injunction whereby a part or whole of the development is stopped to preserve your access to daylight. This is a severe remedy and may be dependent on time frames. In some cases, the developer prefers to pay damages to the claimant to save on overall cost and inconvenience.
Why Use Daylight Protect To Manage Right To Light Disputes?
1 - Full Litigation Solution - We have fully funded legal representation, meaning that we can go into every negotiation with the credible threat of court proceedings behind us.
2 - No Win, No Fee - Our ATE insurance covers all our court proceedings and litigation and claimants are not required to pay anything and only pay a small commission if compensation is paid out.
3 - Faster Settlement - Developers understand that we come with a real opportunity to litigate and are therefore inclined to respond faster and settle faster than other methods.
Why Is It Better To Use Litigation For Right of Light Than Surveyors?
Using litigation allows you to take action against developers who could be blocking your sunlight. Whilst surveyors are essential to assess the impact, they have no litigative leverage and cannot push court proceedings.
At Daylight Protect, we work closely with surveyors to ensure we have a full assessment of your loss of daylight and add the litigation aspect to put pressure on the developers to respond or make a meaningful settlement. This often means that our turnaround times are much faster.
We operate a no-win, no-fee, so we cover all the assessment, surveyor and legal costs with a view to getting you the best outcome and compensation possible.
Speak to Our Rights to Light Experts Today
Meet the team
Joshua Platt
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.
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.
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.
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.
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.
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.
Speak to Our Rights to Light Experts Today
