Don’t settle for living in the shadows, is the latest message from RICS (Royal Institution of Chartered Surveyors) who believe many people are allowing adjacent buildings to block their natural light, unaware that they have a legal right to it.

Light blocking can be classified as a ‘nuisance’ alongside noise and air pollution and culprits range from large new commercial developments to a neighbour’s building extension or a new garden shed. Even a tall hedge can be a problem*.

An RICS information guide, available to the public from today (2nd December) gives a step-by-step guide to understanding the issue, who to go to for professional advice and how to avoid the pitfalls of expensive legal action.

The right to light can be traced back in English law for thousands of years. If a new building limits the amount of light coming through a window and the level of light inside falls below the legal minimum, then this constitutes a ‘nuisance’ and legal action can be taken.

Chartered building surveyor and RICS spokesman, Alistair Redler, advises anyone thinking of taking legal action to take professional advice from a specialist first:

‘If a developer or neighbour proceeds with erecting something which reduces your light to a low level, you may have a case for compensation, for negotiating changes to that development – or possibly a combination of the two.

‘A chartered surveyor can assess how much light has been taken or is likely to be lost as a result of new building works. It is then up to you how far you want to take your complaint.’

But, Redler cautioned:

‘Try sorting out the problem first in the old-fashioned way, by talking to your neighbour about your concerns and coming to some sort of sensible agreement.’

The guide, published by RICS is available free of charge from RICS Contact Centre e: contactrics@rics.org , telephone: T+44(0) 870 333 1600. Similar information can also be found on the Public Zone of the RICS website. Other public information leaflets available in the ‘What every property owner should know’ series include:

• Boundary disputes
• Compulsory Purchase
• Party Walls
• Subsidence

Search the RICS online member directory, for chartered surveyors specialising in right to light work,  or call our Contact Centre +44 (0)870 333 1600. Lines are open 0830 - 1730 (GMT), Monday to Friday or email contactrics@rics.org

- Ends-

Notes to Editors:

* RICS is assisting the Government on the introduction of new legislation, as part of the recently passed Antisocial Behaviour Act (2003), on how to address a situation when a hedge is found to be unacceptably blocking light to neighbouring property or land. This scenario is not currently covered by existing right to light law.