If your business needs natural sun light during the day, then legally you have the Right to Light. Having moved your business into a new property, you likely chose the location because of the impact natural light would have on your business. Well lit premises is always good for business. Day time natural light can only benefit the business. Adequate illumination is a legal right that can be disputed by the freeholder but this also impacts the leaseholder.
Suppose a construction project starts and you can see that it would potentially threaten your right to light. You can get an injunction against the property developer, to protect the flow of natural light into your business. The land owner can appeal to the courts and have the construction halted. The courts can order the building to be demolished. They can also order changes to the construction project, limiting the height of the new building so that it doesn’t obstruct the flow of natural light.
Before beginning contruction, property developers have an obligation with residents, business and property owners in the area. They need to inform those impacted by right to light, of the construction plans in the area. If a building will potentially obstruct light, the developers have an obligation with those residing in the area. But if residents haven’t been informed of construction plans, a lawyer can help residents get an injunction against the property developer.
If construction is completed and you’re affected by lack of light, your rights still stand. After the damage is done, there are options which can be discussed with a lawyer. The courts could order demolition of the building. You can also seek compensation because light obstruction will impact negatively on your business. Compensation will give you the option to either move to another area or choose alternative illumination.
Are you impacted by loss of light as a result of a construction project. Whether you’re a leaseholder or freeholder, please get in touch. SG
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