Seeking sunlight – What happens when a neighbour cuts off daylight to your property?

3 June 2026

In stark defiance of the 50 days of consecutive rain that started the year, May 2026 saw record temperatures and blazing sunlight.

While many people took to their gardens or local parks to top up their tans, plenty of people feel comfortable enjoying the weather from the comfort of their own homes.

With summer being peak season for housing renovations, there is an increased risk that your natural light could soon be compromised by a neighbour looking to improve their own property.

You may have a legal right to light, so understanding what this entails and how to preserve it is vital for taking some of the stress out of the situation.

How do right to light disputes happen?

Right to light disputes can happen because the legal right itself and its application are not fully understood and there is scope for the accidental infringement upon it.

You may have the legal right to sufficient natural light provided your property has enjoyed it for 20 years without interruption, as established through the Prescription Act 1832.

However, properties do not have a legal right to light by default – it can be an easement as shown on title deeds or acquired by prescription.

Knowing whether your property has a right to light is essential for knowing your legal rights and how to resolve any dispute, so be sure to verify this with a trusted legal expert.

The right to light does not extend to the land you own, like your garden or driveway, as it only covers the inside of the building itself.

Similarly, there is no requirement that a specific view or direct access to sunlight be protected from any obstruction.

That means that it is possible your beloved view of the ocean or rolling fields could be obscured by a development with no legal recourse on your part.

Worryingly for many, planning permissions for extensions and new developments do not need to take into account the right to light as they are focused on suiting the broader public rather than assisting individuals.

This means that many individuals do not realise their right to light is going to be compromised until development work is well underway or fully completed.

As the person who paid for such renovations may not appreciate the issue and be cautious of making further changes at their own expense, disputes can escalate and be challenging to resolve.

How are right to light disputes handled?

If you are now dwelling in the dark or fear that you may be, given how imposing ongoing construction work appears, it is vital to seek legal advice.

Rather than getting into a heated dispute with the neighbour or construction work, it is better to gather up evidence and create a strong legal case that the development has infringed on your right to light.

The most commonly accepted way of doing this utilises the Waldram Method – the go-to technique for the past century.

There are three components to the Waldram Method that will determine whether you can legally challenge the construction or simply need to accept your new circumstances.

The core questions asked by the Waldram Method are:

• The sky factor – How much of the sky is visible from a reference point at table height inside a room?
• The 0.2 per cent threshold – Is there a minimum of 0.2 per cent of the total light from the entire unobstructed sky dome reaching the point in question?
• The 50/50 rule – Is at least 55 per cent of the room’s area illuminated above the 0.2 per cent threshold?

If the Waldram Method reveals that less than 55 per cent of the room is illuminated below 0.2 per cent, then you may have legal grounds to resolve your dispute.

What do I do when my right to light is affected?

If you have established that your property does have a right to light and fear that it is being infringed, you need to be clear on how to handle the situation.

Getting professional legal support is essential for ensuring that the Waldram Method has been accurately followed and for knowing what your next steps are.

If the construction is underway, it may be possible for adjustments to be made to the plans to accommodate your right to light, though this may mean seeking new planning permission if the design is significantly altered.

For completed works, the court will decide between an injunction and compensation based on how it views the offending development.

An injunction will see the development undergo renovation or demolition to ensure that your right to light is restored and this is likely the option that most people would want to see.

However, if the court determines that the development offers notable social or public benefits, it may elect to award you compensation instead.

Through the dispute process, staying calm and ensuring that arguments are driven by evidence is vital.

Our team can support you in finding an effective resolution that allows you to continue living your life.

We will assess the details of your dispute and provide our insights on whether an injunction or compensation is the most likely outcome in your case.

To reduce the risk of right to light disputes, it may be worth engaging with neighbours or developers before construction fully begins to ensure that everyone is aware of the potential legal risk.

We can also help you to approach this in an effective, legally sound way so that your future dispute case is not jeopardised by your approach.

Get in touch with our team if you are concerned that your right to light is or may be impeded by new development work.