Party Wall Rights Of Light

Calfordseaden is an award winning construction and property consultancy.

Party wall rights of light.

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. A party wall can be used by the adjoining owners for the construction and maintenance of chimney flues and fireplaces. Alastair has over fifteen years experience advising private residential clients.

Many adjoining owners wrongly assume that a potential injury to their light is a matter that should be discussed by the appointed surveyors. 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. 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 right to light is a right to receive uninterrupted light passing across neighbouring land into a window.

Rights of light party wall. Our comprehensive range of services cover chartered building and quantity surveying project management architecture civil and structural engineering mechanical. 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. 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.

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. 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. 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. I say wrongly because section 9 of the party wall etc.

Alastair has extensive experience in party wall and rights of light matters and was formerly a senior member of the deloitte neighbourly matters team.