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Right to Light
Tobes17
Posts: 13 Forumite
Hello
A developer wants to build a 7 storey high block of flats next to my building (I live in a flat within a building with 7 other flats). I am the only flat within a window on the side which would be next to the new wall of development. That wall would be 1metre away from my lounge window and completely block out my light. I know I will be contacted when they submit plans but wondering if anyone has any information on my rights.
A developer wants to build a 7 storey high block of flats next to my building (I live in a flat within a building with 7 other flats). I am the only flat within a window on the side which would be next to the new wall of development. That wall would be 1metre away from my lounge window and completely block out my light. I know I will be contacted when they submit plans but wondering if anyone has any information on my rights.
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I wouldn't depend on being contracted about plans - we weren't for the house next door to us.
And as far as I know there is no such thing as "the right to light". I'd be looking for other reasons to make a complaint. If there are building a metre away how are they actually going to build it? Likely scaffolding. Does that mean you wouldn't be able to open your window at all? Certainly you should comment that they shouldn't have a window directly across from yours.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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I thought In England & Wales, you may have a legal Right to Light if your window has had uninterrupted light for 20+ years. Here's some info Rights of Light Act 1959If a new development reduces light below a legally acceptable level, you may be entitled to:Have the design altered,Receive compensation, orIn rare cases, injunctions stopping part of the build.
Sounds like you might want to take some legal advice on the Right to Light matter (a Right to Light specialist can assess this using modelling i think?)
With regards to the wall being only 1 metre away; i think [i'm not sure] but If the new building is very close (within 3–6 metres), the Party Wall Act 1996 may apply.This gives you rights such as:Formal notices served on you before work startsThe right to appoint a surveyorProtection against damage to your propertyThis doesn’t stop the development, but it protects you.
Here's some info The Party Wall etc Act 1996: explanatory booklet - GOV.UKI have a tendency to mute most posts so if your expecting me to respond you might be waiting along time!0
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