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How to use a homeowner’s ‘right to light’ to prevent a neighbour’s extension

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If you’re trying to prevent a nearby housing development or a neighbour’s extension, there may be a little known and often overlooked element that could help your case.

By the same token, if you want to add an extension to your property and ensure that your plans are not blocked by a neighbour, this may be something you need to know about.

The issue centres on whether a homeowner has a legal right to light, which means that you have a right to receive light in your property, through existing windows and doors.

This can be a separate issue to planning and affect your extension or a neighbours’s even if planning permission has been granted.

Homeowners have a legal right to light, which can stop a neighbour building an extension

Homeowners have a legal right to light, which can stop a neighbour building an extension

If you are looking to stop a development next door or close by, you can raise the issue of how it would adversely affect your light as part of your objection with the planners as a first step – and this is the case even though the law says you have not yet acquired a legal right to that light continuing.

However, the planners may not respond in the way that you had hoped and so it may be something you need to raise directly with the developer, preferably through a solicitor.

We spoke to Stephen Gold, a retired judge and author of ‘The Return of Breaking Law’ about how a right to light can be used effectively, including how to communicate with anyone whose development may block your light.

Do you have a right to light?

Many of us do without knowing it, according to Mr Gold. However, he suggests checking you title deeds before cracking open the champagne as they may exclude it, particularly if you live on an estate.

The right is most commonly gained by natural light coming through any window of your property for an uninterrupted period of at least 20 years. 

Mr Gold explained: ‘The light enjoyed by previous owners will count towards that period. There’s nothing to be formally done once the 20 years have been clocked up. Just carry on enjoying.’

How much light counts?

A right to light can prove to be a big deal for homeowners if plans would adversely affect their enjoyment of their home. 

Equally, your neighbour may enjoy a right to light through their windows, which could scupper any plans for development on your land.

Building an extension or a brick wall might interfere with their light. 

Mr Gold explained: ‘A trifling reduction in the volume of light to a particular room would not justify a complaint.

‘Before you could expect the law to come to your aid, you would have to show that the interference to your light would be substantial. How much natural light would be left if there was interference and would that be enough for the comfortable use and enjoyment of your property?

‘The current and intended future use of an affected room and the nature of the locality would be relevant. If a dispute about threatened development got serious, you would need to be backed by an expert surveyor to have a realistic prospect of victory.’

'A trifling reduction in the volume of light to a particular room would not justify a complaint,' explains ex-judge Stephen Gold

‘A trifling reduction in the volume of light to a particular room would not justify a complaint,’ explains ex-judge Stephen Gold

Is the right to light totally separate to planning?

Planning permission may be granted although the development would interfere with a right to light that has been acquired after 20 years. 

On the other hand, when deciding whether to grant planning permission, some local authorities may take into account an interference with light whether or not the objector has clocked up 20 years – although you cannot rely on that.

But the fact that planning permission has been granted does not prevent the owner of the affected building from seeking to stop the development through the court provided they have clocked up their 20 years and have acquired a legal right that would be substantially affected. 

Can planning permission still be granted and people still use the right to light to stop work that has planning?

Yes, this is the case, according to Mr Gold. 

How do you stop interference? 

It is essential to communicate with whoever is proposing to take away your enjoyment of the light. 

If it is your neighbours then a personal approach is often the best course of action to maintain good relations, but you will also need to send something in written form to make your complaint official. 

Mr Gold recommends emailing something along the lines of the following: ‘I’ve seen your plans. I have a legal right to light through certain of the windows of my building opposite. Your development would infringe it, and this would amount to a legal nuisance. If you fail to confirm to me within 14 days that you will abandon the development, I will apply to the court for an injunction to prevent it.’ 

It may well be possible to negotiate revised plans, which would not interfere, or a cash settlement to ease the pain, according to Mr Gold.

How the right to light can have a big impact

Mr Gold outlines a case involving a Leeds man who had a right to light that was going to be substantially reduced by a redevelopment opposite to his building. 

Two more storeys were going to be added to an existing five-story block. 

Mr Gold said: ‘The Leeds man attempted to engage the redevelopers to reduce the scheme, but no resolution was reached, and the redevelopment went ahead. He took the enormous risk of not going to court before completion. 

‘It was the redevelopers who did that in asking for judicial blessing to the completed scheme by way of a declaration that the Leeds man had lost all legal remedies by not taking proceedings. 

‘The Leeds man belatedly counterclaimed for his injunction and compensation. The judge decided that the light interference was so significant that the redevelopers should remove two-thirds of the sixth and seventh floors. They had pressed on regardless of the fact that they knew the man was opposed to what was being done and how it would affect his property. The redevelopers lodged an appeal but it was never heard as the parties came to an acceptable deal.’

Stop the light

Mr Gold points out that the 20 years must have been uninterrupted. There is a deft way of interrupting the 20 years. The offending development could be carried out before the 20 years are up – with planning permission and any other consents required – but there is a less exacting way of interrupting. 

That is by registering a light obstruction certificate with the local authority under the Rights of Light Act 1959. 

The certificate is applied for to the Upper Tribunal (Lands Chamber) at a cost of £1,320. This may be considered value for money as it stops the 20 years running up. It is tantamount to an interruption and means that the neighbouring property owner has to go back to square one and restart counting up to 20 years.

Who gets one of these certificates? 

It is the interrupter – the owner of the property who may wish to develop in the future and so who wishes to prevent their neighbour from acquiring a right to light. They seek a certificate before 20 years’ of continuous light enter the neighbour’s property and so interrupt the 20 years. 

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Leaving Cert may end up as traditional exam as ‘school profiling’ ruled out

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The Leaving Cert may end up as a traditional exam this summer with additional choice for students after officials ruled out the use of “school profiling” for a hybrid model.

Taoiseach Micheál Martin and other party leaders were informed by senior officials earlier this week that a hybrid or accredited grades model – based on teachers’ estimates – might need to draw on schools’ historical results in the Junior Cert exams.

This is due to the absence of exam data for about 25 per cent of this year’s Leaving Cert candidates, who did not sit the Junior Cert in 2020 when it was cancelled due to Covid-19 concerns.

This data is regarded as crucial in the standardisation process, which aims to ensure teachers’ estimated grades in different schools are equitably awarded.

However, Government sources said the use of this data has now been ruled out in the event that some form of accredited grades is used because it could prove to be as “too problematic”.

A decision on the format of this year’s Leaving Cert is likely in the next week or so.

The Government had planned to use school profiling in 2020 when Leaving Cert exams were first replaced by a system based on teachers’ estimates.

However, it dropped the plan following opposition claims this could penalise students attending school in disadvantaged areas.

Officials are now understood to be examining whether it is possible to generate accredited grades in a different way that is fair and equitable.

One Government source said it was their understanding that Leaving Cert options have now narrowed. “It seems to be edging towards traditional exams this year, with greater choice for students,” they said.

Disruption

While additional choice in questions in the forthcoming State exams were announced last August, officials have been exploring ways of going further due to the level of Covid-related disruption which has occurred since.

This could see a similar level of choice incorporated into the summer exams as was used last year.

Another Government source said all options were still being considered and nothing had been ruled out. “Things are still at a delicate stage,” they said.

Students are calling for the introduction of a hybrid Leaving Cert on the basis that many have experienced significant disruption to their studies due to the pandemic.

Teachers’ unions are opposed to grading their students for the purposes of the Leaving Cert and say further adjustments to the exams are needed.

It is understood Mr Martin, along with Tánaiste Leo Varadkar and Green Party leader Eamon Ryan, were briefed on potential options for the format of this year’s exam on Monday by Minister for Education Norma Foley and her officials.

The decision to omit school profiling in the 2020 Leaving Cert was at the centre of an legal challenge taken by Belvedere College student Freddie Sherry, who argued that the decision impacted unfairly on his results.

However, the High Court ruled that the Government was fully entitled to make changes to the standardisation model which they considered to be in the public interest.

It found that Mr Sherry had not shown he, or Belvedere, were subject of an unfairness arising from the final approach taken and had “certainly not” established an unfairness that would lead the court to conclude the system was unlawful.


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Voco Hotels debuts in Germany

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IHG Hotels & Resorts, acting in partnership with Hotelite Management, has opened its first voco hotel in Germany; voco Dusseldorf Seestern. Located in the Lorick district of the city, voco Dusseldorf Seestern is a great premium option for those visiting Dusseldorf for business or leisure. The hotel is within walking to distance to the banks of the Rhine river and a short drive from the airport and the city’s main shopping and business districts.

 

With 160 rooms, voco Dusseldorf Seestern, embodies the brand’s design ethos by creating a warm and inviting space with playful and bold decorative touches throughout. The use of bright, warm pops of yellow give voco its distinct identity. All the rooms include signature voco touches, such as high-quality bedding made from 100% recycled materials and eco-friendly large size bathroom amenities from Antipodes, an award-winning plant-based organic skincare company. Guests will also have access to a fully-equipped onsite fitness area including a sauna and steam room, perfect for those looking for a bit of me-time.

 

Offering all-day dinning, the hotel’s ‘Restaurant & Bar 38’ offers a great selection of meals all prepared with the finest organic ingredients. For breakfast, guests will find anything from a continental breakfast to a full English breakfast, as well as an assortment of healthy snacks to choose from. For lunch and dinner, Restaurant 38 offers an a la carte menu filled with local and international dishes. Come evening, Bar 38 is the perfect place to unwind from the day. Whether it be enjoying a cold drink whilst watching live sports on the screens or enjoying a cocktail on the terrace with friends, family, or work colleagues – there is a space for everyone.

 

For business travellers, voco Dusseldorf Seestern has five modern meeting rooms with a capacity of up to 140 participants – all fitted with the latest technology to enable hybrid meeting requests.

 

Oliver Walzer, Cluster General Manager of Hotelite, commented: “We are proud to be the first voco hotel in Germany and are looking forward to inviting our first guests to come and experience what the brand is all about – especially in Dusseldorf, a city where fashion, culture and commerce meet. Whether it be a short city break or a business trip, our onsite hosts will make sure that visitors will have a charming, unstuffy and playful experience that brings out the very best in them.” 

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Detached homes see average values up £60k during the pandemic says Halifax

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The pandemic property boom has been driven by a surge in demand for larger homes, new research has revealed.

The average value of a detached home in Britain has risen at almost twice the rate for flats, according to the data from Halifax and IHS Markit.

Buyers can expect to pay on average £425,177 for a detached property, which is an increase of £60,556 or 17 per cent since March 2020.

Buyers can expect to pay on average £425,177 for a detached property, which is an increase of £60,556 or 17 per cent since the March 2020

Buyers can expect to pay on average £425,177 for a detached property, which is an increase of £60,556 or 17 per cent since the March 2020

It compares to an increase of around 9 per cent for a typical flat during the same period, where values have risen on average £13,325 to an average of £158,992.

At the same time, the average price of a terrace property has risen 15 per cent or £27,715 to £213,798, while semi-detached also rose 15 per cent or £36,841 to £280,090.

HOUSE PRICES BY PROPERTY TYPE
All Houses All Buyers UK Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 15.40% 9.10% 14.90% 15.10% 16.60%
Price Change (since Mar ’20) £33,820 £13,325 £27,715 £36,841 £60,556
Average price Dec 2021 £276,091 £158,992 £213,798 £280,090 £425,177
Source: Halifax/IHS Markit        

The data also highlighted the widening of the gaps between each type of home, with flat owners expected to spend an extra £54,806 to upsize to a typical terrace house, compared to £40,416 in March 2020.

At the same time, those currently in a terrace would need a further £66,292 to own a semi-detached home, compared to £57,166 in March 2020.

Meanwhile, home movers hoping to switch from a semi-detached to a detached property need an additional £145,087, compared to £121,371 in March 2020.

REGIONAL HOUSE PRICE CHANGES BY TYPE
% Change (since Mar ’20) All Flat Terraced Semi-Detached Detached
East of England 13.00% 7.40% 14.20% 14.80% 14.30%
Northern Ireland 14.30% -2.40% 15.20% 16.70% 13.40%
South West 18.40% 10.90% 19.00% 19.50% 20.20%
London 6.40% 0.70% 6.80% 7.60% 12.40%
Scotland 12.10% 9.60% 14.20% 13.70% 16.30%
West Midlands 14.60% 7.10% 12.60% 15.50% 17.40%
East Midlands 15.50% 12.10% 16.50% 17.50% 19.00%
North West 18.20% 13.40% 18.80% 17.00% 21.90%
Wales 21.90% 11.70% 25.10% 21.20% 24.40%
North East 14.40% 14.30% 19.80% 11.80% 15.50%
South East 13.10% 7.40% 13.70% 13.80% 15.40%
Yorkshire 16.50% 4.30% 15.40% 17.00% 18.30%
Source:  Halifax/IHS Markit        

Wales and the North West saw the greatest increase in detached home prices, up 24.4 per cent and 21.9 per cent respectively.

The most expensive detached homes are in London, at an average £910,568. The 12.4 per cent increase is almost double the average of all property types in the capital.

Russell Galley, managing director, Halifax, said: ‘Record numbers of moves have been taking place throughout the pandemic, with the demand for detached homes now greater than for any other property type, meaning the competition for those looking to buy an often larger property is fierce.

‘As employers began to crystalise longer-term plans for home and hybrid working, buyers have been able to consider homes further afield as the need to commute falls away, with properties previously considered too remote now giving families extras like garden rooms and home offices.

This trend means Wales, with its beautiful countryside and lower relative property prices, saw the strongest growth in detached homes over the past two years.’

REGIONAL HOUSE PRICES BY PROPERTY TYPE DURING THE PANDEMIC
East of England All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 13.00% 7.40% 14.20% 14.80% 14.30%
Price Change (since Mar ’20) £36,767 £13,340 £34,669 £45,351 £63,141
Average Price Dec 2021 £319,447 £192,721 £279,087 £352,699 £505,379
Northern Ireland All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 14.30% -2.40% 15.20% 16.70% 13.40%
Price Change (since Mar ’20) £21,448 -£2,327 £14,027 £22,012 £25,600
Average Price Dec 2021 £170,946 £94,922 £106,105 £153,917 £217,226
South West All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 18.40% 10.90% 19.00% 19.50% 20.20%
Price Change (since Mar ’20) £44,773 £17,038 £38,716 £49,973 £76,380
Average Price Dec 2021 £287,774 £173,502 £242,285 £306,171 £454,133
London All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 6.40% 0.70% 6.80% 7.60% 12.40%
Price Change (since Mar ’20) £31,724 £2,657 £33,159 £44,891 £100,525
Average Price Dec 2021 £525,351 £371,744 £520,359 £635,422 £910,568
Scotland All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 12.10% 9.60% 14.20% 13.70% 16.30%
Price Change (since Mar ’20) £20,795 £9,789 £18,433 £23,357 £39,783
Average Price Dec 2021 £192,988 £112,075 £148,224 £193,975 £283,214
West Mids All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 14.60% 7.10% 12.60% 15.50% 17.40%
Price Change (since Mar ’20) £29,778 £8,625 £20,532 £33,265 £57,685
Average Price Dec 2021 £234,263 £129,851 £184,061 £247,881 £389,553
East Midlands All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 15.50% 12.10% 16.50% 17.50% 19.00%
Price Change (since Mar ’20) £30,275 £13,536 £24,346 £33,919 £57,186
Average Price Dec 2021 £225,106 £125,563 £171,686 £227,336 £358,441
North West All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 18.20% 13.40% 18.80% 17.00% 21.90%
Price Change (since Mar ’20) £32,591 £14,070 £24,426 £31,917 £63,229
Average Price Dec 2021 £211,954 £118,979 £154,308 £219,294 £351,887
Wales All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 21.90% 11.70% 25.10% 21.20% 24.40%
Price Change (since Mar ’20) £36,917 £11,570 £30,111 £34,639 £62,688
Average Price Dec 2021 £205,579 £110,318 £149,966 £197,768 £319,492
North East All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 14.40% 14.30% 19.80% 11.80% 15.50%
Price Change (since Mar ’20) £20,162 £11,527 £20,071 £17,666 £37,373
Average Price Dec 2021 £159,694 £92,214 £121,187 £166,876 £278,863
South East All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 13.10% 7.40% 13.70% 13.80% 15.40%
Price Change (since Mar ’20) £43,298 £15,502 £38,704 £49,203 £78,220
Average Price Dec 2021 £374,454 £223,610 £320,944 £404,648 £586,781
Yorkshire All Flat Terraced Semi-Detached Detached
% Change (since Mar ’20) 16.50% 4.30% 15.40% 17.00% 18.30%
Price Change (since Mar ’20) £27,192 £4,708 £19,442 £29,624 £50,192
Average Price Dec 2021 £192,210 £114,535 £146,081 £203,805 £324,581
Source: Halifax/IHS Markit         

North London estate agent Jeremy Leaf said: ’Soaring demand for detached homes is not surprising as we are seeing buyers prepared to stretch themselves to purchase properties which they regard as for the longer term, rather than settling for smaller houses or flats. 

These buyers are often using money saved during lockdown by not going on holiday or other spending, to contribute towards their deposit. They are also taking advantage of continuing low interest rates even though the threat of higher repayments and inflation is looming.

‘Detached homes have long been the pinnacle in terms of what people aim for when buying property. They are popular because they offer flexibility, privacy, control and independence, which isn’t always the case with semi-detached or terraced properties where there is an element of shared space or boundaries, increasing the risk of conflict.

‘Price growth has been strongest in Wales because often affordability is greater in those markets in the first place. We have noticed the drift from the centre of towns and cities to the suburbs, country and coastal areas as people get more accustomed to hybrid working and not having to spend as much time in the centre. They are looking for higher-quality outside space and the ability to work comfortably from home.’

Separate research by Coutts found that demand has also been high for luxury leafy lodgings in the capital.

It said that sales for super prime homes worth £10million or more jumped from 56 in 2020 to 106 in 2021.

Peter Flavel, of Coutts, said: ‘For many investors these prime and super prime properties provide the opportunity to put funds into assets that offer the space they need as hybrid living continues to influence lifestyle choices.’

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