When Light Becomes a Legal Matter: What You Need to Know About Right to Light

Imagine buying a lovely flat with big windows and lots of natural light—only to find a new building going up next door that blocks your sunshine. Can you do anything about it? That’s exactly what happened in a recent Right to Light case at Bankside, London, and the outcome might surprise you.

The Case: Cooper v Ludgate House Ltd

Two sets of homeowners—Mr Cooper and Mr & Mrs Powell—lived in stylish apartments at Bankside Loft. They were enjoying their homes until a new 19-storey development called Arbor started rising next door. The new building, owned by Ludgate House Ltd, blocked light from reaching key rooms in their flats.

So, they took the developer to court, claiming their “right to light” had been interfered with.

 What Is a Right to Light?

In English law, if your property has received natural light through a window for at least 20 years, you may have a legal “right to light.” This means others can’t build in a way that significantly reduces that light—unless you agree to it.

But what counts as “significant”? Courts look at whether the remaining light is enough for the ordinary use of the room. If it’s too dark to comfortably live or work in, that could be an “actionable interference.”

What Did the Court Decide?

The court agreed that the new building did interfere with the claimants’ rights to light. But instead of ordering the developer to tear down or change the building (an injunction), the judge awarded money—called “damages”—to the homeowners.

These amounts weren’t based on how much their flats had dropped in value. Instead, the court used a “negotiating basis”—essentially estimating what the homeowners might have accepted in a fair deal to give up their rights in the first place.

How Did They Work That Out?

The judge estimated the developer’s gain from the project and decided a fair share for the homeowners would be about 12.5% of that gain. Then, he split that amount between the claimants and others who might also have rights to light.

What About the Science of Light?

The court used something called the Waldram method to measure how much light was lost. It’s a century-old technique that calculates whether enough daylight reaches a room. Critics say it’s outdated, but it’s still the industry standard—at least for now.

Why No Injunction?

The judge said an injunction would be too disruptive. The building was already up, and removing parts of it wouldn’t make much difference, especially since other legal agreements meant the developer could rebuild them anyway. So, money was the more practical solution.

The Takeaway

If you’re buying a home or developing property, it’s worth understanding rights to light. They can be valuable—and legally protected—but courts are increasingly willing to award compensation instead of stopping a project.

If you are a developer, it is essential that you take advice at an early stage before you create a potential ransom situation for yourself. If you are a homeowner, then this is a complicated area of law—but you have a valuable right.

At Nelsons, we are experts in this type of dispute and can assist you strategically, whether you are a developer or a homeowner, to obtain a fair outcome for any losses that you incur.