Protecting Your Sunlight: A Simple Guide for Flat Owners
If you’ve lived in a flat for a long time and are worried a new building might block your sunlight, you may have the right to stop it. This is called a “right to light.” If your windows have had sunlight for 20 years, you might be protected by law—even if the new building has planning permission. Plymouth Block Management helps leaseholders like you check the law, arrange expert light surveys, and speak up to councils. If you’re in the South West and worried about losing sunlight, they can help you protect your home.
Why Light Matters
In a region renowned for its coastal clarity and Georgian grandeur, it can feel almost criminal to have your sunshine stolen by a looming new build. Like watching the sun disappear behind a rising wall, developments that block natural light don’t just cast shadows—they cast doubt over property value, well-being, and legal rights.
Whether you’re in a Victorian block in Falmouth, a new development in Exeter, or a seafront flat in Teignmouth, our block management services are tailored to your region’s specific planning pressures.
Plymouth Block Management proudly serves occupants across the South West—including Cornwall, Devon, Dorset, Exeter, Truro, and Newquay—helping protect natural light and property rights at every stage of development.
Keen to safeguard your home from unwanted darkness? Read on to understand your rights, and how Plymouth Block Management helps residents shine a light on the law.
What Are Rights to Light?
Rights to light are an easement—essentially a legal entitlement—that protects a building’s access to natural daylight through defined apertures, such as windows. If a property has received uninterrupted light through a window for at least 20 years, it may have a legal right to continue enjoying that light.
These rights are not automatically considered during planning approval. So, a development might meet planning requirements but still infringe on your rights to light—two distinct paths in law.
Read more on Rights to Light – RICS Guidance
The Prescription Act 1832: Your Legal Backbone
Rights to light are commonly acquired under the Prescription Act 1832, a key piece of legislation that states an uninterrupted use of light for over 20 years can result in a prescriptive right—even if not formally documented.
Think of it as “squatters’ rights for sunshine”: if you’ve had it for long enough without challenge, it becomes yours in the eyes of the law.
Key Points under the Act:
- The 20-year use must be continuous and uninterrupted.
- The right becomes legally binding unless specifically challenged or extinguished.
- Leaseholders may benefit if the freeholder hasn’t expressly denied the right.
Further reading: UK Government Planning Portal
How Block Management Supports Leaseholders
At Plymouth Block Management, we understand that a leasehold isn’t just a line on paper—it’s someone’s home, someone’s light, someone’s investment. That’s why we take a proactive stance on local planning and legal protections.
Here’s how we help:
- Track Local Developments: We monitor planning submissions across Devon, Cornwall, and the South West.
- Commission Light Surveys: We work with specialists to assess actual and projected loss of light.
- Raise Early Objections: Timely responses to councils often shape the outcome.
- Organise Resident Representation: A united stakeholder voice speaks louder than one.
- Engage Solicitors or Surveyors: We refer trusted professionals who understand the legal intricacies of block living.
Concerned about a planning notice pinned near your block? Get in touch with our Plymouth team—we’re here to make sure no one builds your sunlight out without a fight.
Need help assessing your rights to light? Contact Plymouth Block Management for tailored guidance.
Five Steps to Safeguard Your Natural Light
Know Your History
Check when your windows were installed and if your property qualifies under the Prescription Act 1832.
Monitor Planning Applications
Local councils post planning applications online—watch them like a hawk. If you don’t, who will?
Request a Rights to Light Survey
These specialist reports can prove legally significant. We can arrange these for you.
Object Through Official Channels
You have 21 days to object. Make it count. Evidence-based objections are far more effective.
Engage Your Block Manager
Let your managing agent coordinate a block-wide response. There’s power in numbers—and strategy in support.
Case Study: Plymouth Leaseholders Win on Light
In 2023, a group of leaseholders in Stoke Village, Plymouth noticed a planning application for a four-storey development next door. The new block threatened to reduce afternoon sunlight in several flats.
With the support of Plymouth Block Management, they:
- Identified a breach of their potential rights under the Prescription Act.
- Commissioned a survey proving significant light loss.
- Submitted a joint objection, backed by professional evidence.
The outcome? The developer amended the plans, reducing the building’s height by two storeys. Sunshine saved. Morale lifted.
Quote from leaseholder:
“It felt like David vs Goliath. But thanks to the block management team, we knew our rights and stood our ground.”
Think your block is at risk? Let’s review your options together—get in touch today.
Comparison Table: Rights to Light vs Planning Permission
| Aspect | Rights to Light | Planning Permission |
| Legal Basis | Common law / Prescription Act 1832 | Town and Country Planning Act 1990 |
| Acquired Automatically? | No – needs 20 years’ uninterrupted use | No – requires submission and approval |
| Enforced By | Civil courts | Local planning authority |
| Can Coexist? | Yes – planning approval doesn’t override light rights | Yes, but doesn’t account for civil rights |
| Remedy If Infringed | Injunction or damages | Objection or appeal |
FAQs on Rights to Light and Block Management for Leaseholders
What are “rights to light” in leasehold properties, and how are they legally enforced?
Rights to light in leasehold properties refer to the legal entitlement for a property to continue receiving a reasonable amount of natural light through defined openings such as windows. This is not automatically granted by planning permission and is typically acquired under the Prescription Act 1832, which allows a right to light after 20 years of uninterrupted use. Enforcement is usually a civil matter, and leaseholders may pursue injunctions or seek damages if a new development significantly reduces their light.
At Plymouth Block Management, we support leaseholders across Devon and the South West by coordinating legal support and arranging expert light surveys when these rights are threatened.
How do rights to light differ from planning permission objections?
Rights to light are governed by property law, while planning permission falls under local authority planning policy. A building may receive planning approval yet still violate neighbouring properties’ legal rights to light. The Town and Country Planning Act 1990 does not override the civil protections provided by the Prescription Act.
If you’re unsure, your South West block management company can help you raise objections through both routes. Plymouth Block Management routinely monitors planning applications that may affect leaseholders in areas such as Exeter, Truro, and Torquay.
Do leaseholders in flats qualify for rights to light?
Yes—leaseholders can benefit from rights to light if their windows have received daylight uninterrupted for 20 years or more. These rights typically belong to the freeholder, but leaseholders can sometimes enforce them, especially if the lease grants exclusive occupation of a specific unit.
This is where expert block management in Plymouth becomes essential. Your managing agent can coordinate with the freeholder, surveyors and solicitors to ensure your home’s natural light is properly protected.
I’ve lived in my flat for under 20 years. Does the Prescription Act still apply?
The 20-year rule under the Prescription Act 1832 applies to the window or aperture, not the current occupier. If your flat has received light continuously for 20 years—even if you haven’t lived there that long—you may still benefit from rights to light.
Plymouth Block Management can help assess your building’s historical light access and determine whether a legal claim is possible. We support leaseholders from Falmouth to Exmouth and beyond in asserting their rights.
What can block management companies do to protect natural light in leasehold blocks?
A professional block management company such as Plymouth Block Management plays a crucial role in protecting leaseholder interests. Services typically include:
- Monitoring nearby planning applications
- Commissioning rights to light surveys
- Drafting and submitting formal planning objections
- Coordinating group legal actions or freeholder responses
- Advising leaseholders on how to act within the legal framework
These services are vital across growing regions like Newquay, Teignmouth, and Dorset, where residential blocks often face aggressive urban development.
Can I object to a development that blocks my view?
Unfortunately, UK planning law does not protect a right to a view. However, you can object to a development if it materially affects your natural light. Rights to light focus on the internal brightness of a room, not the scenic value outside the window.
If a new building makes your flat gloomier or affects your health or property value, contact your block manager. Plymouth Block Management can help you raise an official objection and escalate the matter if necessary.
Is a light survey required to make a claim or objection?
While not legally required, a rights to light survey significantly strengthens your position. These professional assessments measure how much light is lost based on the Waldram Diagram method and can be used as evidence in court or negotiations.
We work with trusted RICS-accredited surveyors to assist leaseholders throughout the South West. If you live in Truro, Exeter, or Torquay, we can arrange a tailored assessment based on your building’s unique characteristics.
How quickly should leaseholders act on light concerns?
Very quickly. Planning objections typically have a 21-day deadline from the date of notification. Legal action under the Prescription Act should be considered before a development is completed, as post-construction remedies may be limited or expensive.
Plymouth Block Management advises leaseholders to report any concerning developments immediately so we can review the case, contact authorities, and preserve your legal standing.
Can leaseholders take legal action themselves?
Yes, but legal claims under the Prescription Act can be complex. Leaseholders may need expert reports, historical evidence, and legal advice. A block management firm can streamline this process by coordinating all necessary parties.
If you’re managing a property in Cornwall, Devon, or anywhere in the South West, reach out to Plymouth Block Management—our team works closely with legal professionals who specialise in leasehold rights and light disputes.
What areas does Plymouth Block Management cover?
While we’re based in Plymouth, we provide services across the South West, including:
- Cornwall Block Management
- Dorset Block Management
- Exeter Block Management
- Falmouth Block Management
- Newquay Block Management
- Torquay Block Management
- Truro Block Management
- Exmouth Block Management
- Teignmouth Block Management
If your leasehold property falls within these regions, we’re ready to help protect your access to natural light and defend your legal rights.
Conclusion: Don’t Let Your Light Be Stolen
In a region that prides itself on its skies and seascapes, losing natural light feels more than just inconvenient—it feels personal. But leaseholders need not be powerless.
With the Prescription Act 1832 behind you and Plymouth Block Management beside you, your rights to light aren’t just theoretical—they’re actionable, enforceable, and worth protecting.
Don’t let development cast a shadow on your leasehold. Reach out to our team today, share your experience, or subscribe to stay updated on how we’re helping leaseholders across the South West stand tall in the face of rising walls.
Ready to protect your flat’s natural light? Book a no-obligation consultation with our Plymouth team.
