Member News
20th February 2013The Law Commission has said it is not considering any abolition of home owners’ ‘rights to light’.
The Daily Telegraph had reported that the Commission is undertaking a consultation “which could lead to the centuries-old entitlement to daylight being ditched to stop home owners holding up building projects”.
However, the Commission said it has not proposed abolishing rights to light and it is not considering doing so.
A "right to light" is an easement that gives landowners the right to receive light through defined apertures in buildings on their land.
The owners of land that is burdened by the right cannot substantially interfere with it – for example by erecting a building in a way that blocks the light – without the consent of the benefiting owner.
“In the consultation paper we make several provisional proposals and request consultees’ views on a number of other areas,” the Commission said in a statement.
“One area in which we make a provisional proposal is the law of prescription, or acquisition of rights to light by long use, which can in some circumstances create rights to light where a person has received light over a neighbour’s land for 20 years.
“The consultation considers private law easements of light only, and we make no proposals in respect of planning law.”
More details of the consultation and the Law Commission’s proposals.