Rights of Light vs. Daylight — Knowing the Difference Protects Value
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Daylight and Rights of Light follow different rules—one planning, one legal. Understanding both early safeguards your project’s ROI.
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TL;DR:

Daylight assessments support planning permission.Rights of Light protects against legal injunctions. They are different tests with different requirements, and both must be understood early to avoid costly surprises.

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“Daylight” and “Rights of Light” both deal with access to light,but they operate in completely different worlds. One is a public planning requirement; the other is a private legal easement.

Not aware and disregarding them could be an expensive mistake a developer can make. A scheme can secure full planning permission, satisfy every BRE requirement, and still be halted by a Rights of Light injunction. Knowing the difference is essential for protecting your project’s budget.

Planning Daylight: A Public Amenity Matters
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Daylight & Sunlight (BRE) assessments deal with public amenity and planning policy.

‍Who: Assessed by the Local Planning Authority
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What: Tests whether a new development provides adequate light for future occupants and preserves acceptable light levels for neighbouring homes
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Rules: Governed by BRE guidance and local planning policies
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Outcome: Helps the planning officer decide whether to grant consent

This is a planning test, focused on amenity and policy compliance.

Rights of Light: A Private Legal Right
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Rights of Light is a completely separate issue governed by property law.

‍Who: A matter between the developer and neighbouring property owners
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What: Protects defined openings (such as windows) that have enjoyed 20+years of uninterrupted light
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Rules: Based on legal precedent, not planning policy or BRE guidance
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Outcome: If infringed, the neighbour may seek compensation—or, in severe cases, an injunction stopping construction or requiring part of the building to be removed

This is an easement that can be enforced through a rights of light test, focused on potential liability for interference.

The Critical Point

A planning officer cannot override a legal Right of Light.
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That’s why we assess both together, often from the same high-precision 3D dataset—to avoid contradictory conclusions and ensure a single, consistent view of risk.

Integrated Risk Management

Our approach is pragmatic: identify planning and legal risks early, long before they become expensive problems. This enables smart design adjustments, informed negotiation strategies, avoidance of legal disputes or redesigns, protection of GDV and programme certainty.

Good daylight and sunlight design helps you gain consent.
Great daylight and sunlight strategy protects your project’s value.

‍Need to understand your project's Rights of Light exposure? Download our free guide or speak to us.
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Rights of Light vs. Daylight — Knowing the Difference Protects Value‍