Why nobody told you about your right to light

By Joshua Platt BSc (Hons) MRICS, Director of Daylight Protect.

If a development has gone up, or is going up, near your home, you may have noticed something strange. Nobody from the developer's side has written to you. Nobody has explained what you might be entitled to. Nobody has sat down with you to talk about how the new building will affect the light coming into your home.

That is not an accident. It is how the system is designed.

This is one of those things that, once you see it, you cannot unsee. So here it is, plainly.

1) The developer wants to build

Nothing wrong with that. Developers develop. That is their business. To get the scheme off the ground, they need money, usually from a bank.

2) The bank will not lend without protection

Banks are cautious. They will not put money into a development unless the risks are covered. One of those risks is the possibility that a neighbour brings a rights of light claim and either stops the build or wins compensation.

So the bank requires the developer to take out a special insurance policy that covers this risk.

3) The insurance policy comes with a condition

This is the part most homeowners never hear about.

These insurance policies typically contain a clause that prevents the developer from approaching affected neighbours to talk about their rights of light. If the developer breaks that clause, even with good intentions, the insurance can be void.

In other words, the insurance itself is structured to keep you quiet.

Even where the policy permits some controlled contact, the developer's commercial interest is to settle anything that does come up as quickly and quietly as possible, so the insurer's exposure stays small.

4) But the right is real, and it is yours

A right to light in England and Wales is a private property right. It is most commonly acquired under the Prescription Act 1832, which gives a homeowner a legal right to light through a defined window once that window has enjoyed uninterrupted daylight for 20 years.

In other words, this is not a planning matter. It is not a matter of objecting to the council. It is a property right that exists in law, and it can be enforced in court. If a developer interferes with it, you may be entitled to compensation, and in some cases an injunction stopping or modifying the build.

For more on how this right is different from the daylight and sunlight assessments developers submit during planning, see our piece on why daylight and sunlight assessments are not rights of light.

5) So nothing reaches you

The developer builds. The bank gets paid. The insurer collects its premium. And you, the person whose home is actually being affected, sit there not knowing that you have a legal right that may be worth a significant sum of money.

You are the only person in the entire chain who did not choose to be involved. The developer chose to develop. The bank chose to lend. The insurer chose to underwrite. You just live in your house. One day, a crane appeared.

Everyone else volunteered. You were conscripted.

6) This is not a conspiracy

We want to be clear about this. No one is doing anything illegal. The developer is not a villain. The bank is not a villain. The insurer is not a villain. Each of them is just acting rationally within a system that, taken as a whole, happens to depend on you not knowing where you stand.

That is the part that matters. The system is structured so that everyone in it has a commercial reason for you to stay quiet, and nobody in it has a commercial reason to tell you otherwise.

7) Why surveys and objections do not change this

A lot of homeowners think a planning objection, or a daylight and sunlight report, will get the developer's attention. It usually does not. The developer's insurer has already modelled and priced these things in. A letter from a homeowner asserting their rights, without the means to actually enforce them, is something the system already expects.

What the system does not expect is a homeowner with a fully funded legal team behind them, with the ability to take the matter all the way to court if needed.

That is the moment the developer's calculation changes. That is the moment the loop breaks. We have written about this at length in our piece on why surveys alone are not enough.

8) Where we come in

We exist to be the missing link in the chain. The one party whose commercial interest is aligned with yours.

A funded claim with the right team behind it, including surveyor, solicitor, counsel, and litigation insurance, all paid for, with no cost to you unless you win, is the thing the system is not built to handle. It does not punish developers. It does not stop schemes. In almost every case, it simply produces what should have happened in the first place: a fair conversation, a fair number, and a settlement that reflects what is actually being taken from your home.

The 2025 High Court decision in Cooper v Ludgate House is a good example of what a properly run claim can secure, with two homeowners awarded £850,000 between them after a development overshadowed their flats. Our breakdown of that judgment is here.

What this means for you

If a development is going up near your home, the question is not whether you have a right. You almost certainly do.

The question is whether anyone else in the chain has any reason to tell you about it.

The answer, in almost every case, is no.

Which is why you need someone in the chain who does.

One thing worth knowing: timing matters. The strongest position for a homeowner is in the first 12 months after a development starts to interfere with their light. That is when the court has the fullest range of remedies available, including potentially ordering changes to the building. After 12 months, the legal position weakens, although in many cases a claim for compensation is still possible. If a crane has gone up near you, or planning permission has been granted for something nearby, the time to find out where you stand is now, not later.

Frequently asked questions

Why doesn't the developer contact me about my right to light?

In most cases, the developer's rights of light insurance policy contains a clause preventing them from approaching affected neighbours. Breaching that clause can void the policy, which is why developers stay silent rather than open a conversation with you.

Do I have to pay anything to bring a claim?

With Daylight Protect, no. We fund the surveyor, solicitor, counsel, and litigation insurance. You pay nothing out of pocket. We only take a fee if your claim succeeds.

What if the development is already finished?

You may still have a claim, but timing matters. Your strongest position is within the first 12 months after your light is interfered with, because the court has the fullest range of remedies available, including potentially ordering changes to the building. After 12 months of blocked light, your position weakens considerably, although a claim for compensation can still be possible. The 2025 High Court decision in Cooper v Ludgate House confirmed that homeowners can secure substantial compensation even after a development is built, with two homeowners awarded £850,000 between them. The earlier you act, the stronger your position.

How do I know if I have a right to light?

Most rights to light are acquired under the Prescription Act 1832, which requires that a window has enjoyed uninterrupted daylight for at least 20 years. If your home has been there that long, you very likely have a right. The only way to know for certain is a proper assessment, which we provide at no cost.