Party Wall Rights Of Light

Unless an agreement exists between the adjoining property owners to the contrary neither has a right to maintain windows or other openings in the wall unless they are necessary for air and light.

Party wall rights of light.

A distinctive feature of a party wall is that the adjacent buildings are so constructed that each derives its support from the common wall. A party wall can be used by the adjoining owners for the construction and maintenance of chimney flues and fireplaces. If the extension is built onto a parapet party wall rights may not be an issue but other issues such as rights to light the impact on services and any disruption caused during construction may require consideration. Rights of light party wall.

Once acquired the right to light extends only to a certain amount of light such as is suitable for the continuous use and enjoyment of the building and is not a right to all the light that was once enjoyed. Rights to receive light over another person s land through particular windows will generally cover sufficient natural light for comfortable or beneficial use of the property depending on whether this is for commercial or domestic purposes. Many residents of top floor flats assume that they have rights over roofs. I say wrongly because section 9 of the party wall etc.

If a building owner has a right to light and the path of light is obstructed then a remedy may be sought through the courts. Thus where each of two persons is seised of a specified half of a wall and nothing more and no right of support or shelter has been acquired by the one from the other such a wall is not a party wall 40. Our comprehensive range of services cover chartered building and quantity surveying project management architecture civil and structural engineering mechanical. Alastair has extensive experience in party wall and rights of light matters and was formerly a senior member of the deloitte neighbourly matters team.

Obstruction of window is a breach of planning. Alastair gill has advised clients on a number of large projects such as neo bankside tate modern and crossrail. Industry leaders in rights of light daylight and sunlight party wall and neighbourly matters and building consultancy we are expert consultant surveyors. Act 1996 makes it clear that nothing in the act shall authorise any interference with an easement of light or other easements in or relating to the party wall.

A right to light is a right to receive uninterrupted light passing across neighbouring land into a window.