Right of Light Claims in Liverpool

If a new building, extension or major development near you in Liverpool is reducing the amount of natural light entering your home, you may have grounds to make a right of light claim.

At Daylight Protect, we help homeowners who believe their natural daylight has been affected by nearby development. We work with specialist surveyors and property litigation professionals to investigate your circumstances, assess the impact on your property and help you get compensation where appropriate.

We cover the costs of the right of light assessment, surveyor or legal work upfront - and a fee is only payable if your claim is successful, with the terms explained before you proceed.

If a development in Liverpool, Merseyside, The Wirral, St Helens or the surrounding area is affecting the light in your home, it may be worth getting your position assessed.

‍

What Is a Right of Light?

A right of light is a legal right that can protect the natural daylight entering a property through certain windows or other openings.

Naturally, losing any light into your home will reduce its value and make it less pleasant to live in.

A property will have a legal “right of light” when it has had uninterrupted natural daylight for 20 years or more. However, rights can also be created through deeds, grants and other legal arrangements.

So if your access to daylight coming into your home or flat is being impacted, you can take action and the developer may have to halt their construction work or pay you a hefty settlement for the convenience. 

Even if the developer has planning permission, there may be separate legal rights when it comes to right of light, so it is worth investigating further to see if you are eligible for a claim.

‍

We Help With Right of Light Claims Around Liverpool

Daylight Protect helps homeowners investigate potential right of light claims across Liverpool and the surrounding areas.

This includes Bootle, Birkenhead, Wallasey, St Helens, Southport, Wirral, Warrington, Preston, Blackburn, Blackpool and other areas across Merseyside and the North West.

We can investigate claims relating to a range of developments, including:

• Developments in the planning process, being built and completed
• New housing and apartment developments.
• Large commercial and mixed-use developments.
• Major regeneration projects.
• Extensions and significant building works.
• Council-led development schemes.
• Construction projects affecting existing homes and businesses.

If you live in or around Liverpool and believe a nearby development is making your home darker, speak to us about having your property assessed.

‍

Could I Be Eligible For a Right of Light Claim in Liverpool or Merseyside?

A nearby building being developed does not automatically mean that you have a right of light claim.

The important question is whether you have a legally protected right and whether the development has caused a significant enough reduction in the natural light entering your property.

Your circumstances may be worth investigating if:

• Your property has received natural daylight through its windows for 20 years or more.
• A new development is reducing the amount of daylight entering your rooms.
• Building work has already started near your property.
• Construction is planned or has recently been approved.
• A developer has contacted you about the development or your rights.
• You have been offered compensation by the developer.
• You believe the reduction in light is affecting the normal use and enjoyment of your home.

A proper technical and legal assessment is needed before you can know whether your circumstances are likely to support a claim.

‍

What Happens If a New Development Is Blocking Your Light?

If you believe a new development is reducing the natural light entering your home, the first step is to establish exactly how much light has been lost.

Daylight Protect works with specialist surveyors who can assess the effect of a development using recognised methods, including the Waldram Method.

The assessment looks at the amount of natural daylight reaching the relevant rooms and considers whether the reduction may be significant enough to support a legal claim.

We consider the legal position including the property titles, deeds, grants and other documents that could establish whether your property has a protected right to light.

If the assessment indicates that you may have a claim, the next stage can involve approaching the developer and negotiating compensation.

Where an acceptable settlement cannot be reached, legal proceedings may be considered.

‍

How Is a Right of Light Claim Assessed?

To assess a right of light claim, a specialist surveyor needs to carry out technical calculations to establish the effect that the development has had on the amount of daylight reaching the affected rooms.

At Daylight Protect, we use the Waldram Method when assessing claims which refers to the 50/50 rule, where at least 50% of a room should receive a sky factor of 0.2% or more.

The results of the survey can then be considered alongside the legal position. This is important because the size of a development does not necessarily tell you how serious its effect on your property will be.

‍

How Much Compensation Could You Receive From a Right of Light Claim?

Residential claims can commonly settle in the region of £5,000 to £50,000 or more, while some larger commercial claims can be substantially higher.

The value of a claim can depend on factors such as the extent of the loss, the property involved, the development itself and the value of the right to light being negotiated.

In some cases, substantial sums have been awarded. For example, in Cooper & Ors v Ludgate House Ltd, two homeowners received damages of £350,000 and £500,000 respectively following a dispute concerning loss of light. Daylight Protect reports that these awards were made following the substantive proceedings and subsequent costs judgment.

Every right of light claim is different and needs to be assessed on its own facts.

‍

Can You Claim If the Development in Liverpool Has Already Been Built?

You may still be able to make a claim even if the development has already been completed.

However, it is important not to wait before getting advice. We advise property owners to act quickly if they believe their right to light has been affected. The first 12 months following an interference can be particularly important when considering the remedies that may be available.

If a building has already been completed and your home is now receiving less natural light, this does not necessarily mean that you have lost your opportunity to make a claim.

Your legal options will depend on the individual circumstances, which is why early advice can be valuable.

‍

How Does Daylight Protect Handle Right of Light Claims in Liverpool?

Daylight Protect provides a full service covering both the surveying and legal aspects of a right of light claim.

Our legal team can put pressure on the developers so that they might be encouraged to settle rather than going to court.

1. Assessing the Impact on Your Home

The first step is to understand how the development has affected your natural light.

A specialist surveyor can assess the relevant rooms and calculate the reduction in daylight.

Your property's legal documents can also be reviewed to establish whether there may be a protected right of light.

2. Contacting and Negotiating With the Developer

If the assessment suggests that you may have a valid claim, the evidence can be presented to the developer.

The aim is normally to reach a suitable settlement without going to court where possible.

Daylight Protect's legal team can use the possibility of litigation as part of the negotiation process if the developer is unwilling to reach an appropriate agreement.

3. Taking Further Legal Action if Needed

Many right of light disputes can be dealt with through negotiation.

However, if an acceptable settlement cannot be reached, legal proceedings may be considered.

Daylight Protect provides legal representation and litigation support as part of its claims service.

‍

Why Choose Daylight Protect?

‍

Specialist Surveying and Legal Support

Right of light claims can involve both detailed surveying and property law.

Daylight Protect brings these areas together by working with specialist surveyors, right of light solicitors and barristers where required.

This means you do not have to try to deal with the technical and legal sides of your claim separately.

No-Win, No-Fee

Daylight Protect operates using a no-win, no-fee model.

We cover the assessment, surveyor, legal and court costs, with a commission payable if compensation is successfully recovered. The exact commission should be explained to you before you proceed.

Full Litigation Support

If negotiations do not produce an acceptable outcome, Daylight Protect can continue to support the claim through litigation where appropriate.

This gives homeowners access to support across the different stages of a right of light dispute, rather than having to arrange surveying, negotiation and potential legal action separately.

‍