Frequently Asked Questions
ROL is an easement that gives a landowner the right to receive light on to their land or through defined apertures e.g. windows in buildings. These “rights” belong to the land or buildings and can be passed on to you in your title deeds or more commonly acquired through continuous enjoyment of light for 20 years or more.
Anyone who has an interest in a property; that means any tenant in occupation and/or their landlords i.e. Freeholder, Head Leaseholder or Sub Lessee.
Any neighbouring or close proximity building that once erected will impact on the light you receive.
This can vary significantly on a case by case basis as some cases can be far more complex than others. However, from our experience it is likely that your claim will settle within a year.
The court can impose an injunction on a development by preventing the on-going construction or even enforcing demolition of all or part of the building. However, the most common scenario is damages which can result in substantial compensation for you.
There is no simple answer but in most cases 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.
For example, if there was a 2 storey building directly opposite you with planning for 3 additional storeys, the moment an additional storey during the construction stage impacts your light, your 12 month period will begin. 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.
Technically an easement is a right to use or cross over someone else's land for a specified purpose. Where light is concerned, it is simply your right to receive daylight across your neighbour's land.
You should contact us immediately to discuss the value offered. It is common practice for developers to make you aware that they may be infringing on your light but it is likely that you may be entitled to more than they offer and you should contact us today to discuss your compensation.
It is calculated by your Chartered Surveyor who is selected from our panel of RICS surveyors on a case by case basis. It is a complex calculation that takes into account many different factors and is computed by professionals with many years of experience.
This is a legal document that is served on the party who has suffered a loss of light (YOU) to prevent a ROL occurring or to eliminate a ROL that already exists. If the LON is served upon you, you must commence proceedings as soon as possible within 12 months. However, if you do not respond to the Notice within the fixed period, you will lose your Right to make a claim.
Right of Light is a separate matter from the Local Authority as it is governed by common law in England and Wales. Planning Permission can be granted even though you have a Right of Light. Daylight Protect is here to help you fight for the compensation you deserve so please contact us for a free assessment.
