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Right to Light

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. 

Comments

  • Brie
    Brie Posts: 15,709 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.
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  • singhini
    singhini Posts: 1,134 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    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 1959

    If a new development reduces light below a legally acceptable level, you may be entitled to:
    Have the design altered,
    Receive compensation, or
    In 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 starts
    The right to appoint a surveyor
    Protection against damage to your property

    This doesn’t stop the development, but it protects you.
    Here's some info 
    The Party Wall etc Act 1996: explanatory booklet - GOV.UK

    I have a tendency to mute most posts so if your expecting me to respond you might be waiting along time!
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