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Side Return Extension- any issues with right to light?

4 replies

MumOfThrMoos · 13/11/2018 22:22

I’m cross posting this a post I put up in legal matters earlier today

www.mumsnet.com/Talk/legal_matters/3422801-right-to-light-a-side-return-extension

Basically I’m wondering if my neighbours are sabre rattling, as there are so many side return extensions going up all over London and I’ve never heard of any issues with common law right to light - so I’m wondering if anybody who has done a side return extension has had this?

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MumOfThrMoos · 14/11/2018 11:31

Bump

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ileclerc · 14/11/2018 11:47

It's hard to envisage without seeing a plan but have you checked the deeds to check there are no historic RoL in place. Will the extension block any side windows they have / cause shade through other windows?

MumOfThrMoos · 14/11/2018 12:08

Thanks for responding!

I don't believe they have a right to light and no one is going to be able to confirm whether they do or not without a very expensive right to light survey - if they want to do this, they have to pay for it. This is separate to the requirement, as part of planning permission for sunlight and shade to be considered.

We have planning permission, we have a party wall agreement.

What I'm keen to understand is whether anybody else has ever had anyone bring this up before, during or after the building of a bog standard side return extension? Because, individual clauses in the deeds notwithstanding (which I will check), what I'm trying to understand is how often this is an issue.

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MumOfThrMoos · 14/11/2018 12:10

Sorry, I should've said - obviously they have some form of right to light but I don't believe we're doing anything that impacts their light to the point they would have a claim on us.

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