Let's say you've been working at your office building for the last 20 years or more, and you've always enjoyed sitting at your desk working as the morning sunshine beams through the window.
It gives you this energizing lift each morning to get your work done.
Then your neighbor decides to build a ten story office complex building right outside your window.
You're actually disturbed that your invigorating morning enthusiasm is about to be blocked by this new building.
Don't fret, because there is an old English law taken from the English Prescription Act of 1832 that will actually come to your aid.
It is your "Right Of Light".
This right of light protects you from losing the illumination that you've enjoyed for the past 20 years or more, and allows you the upper hand.
If the building being constructed next door to you prevents you from your light, you have the option to protest on your behalf.
Consent must be given from you to your neighbor in order for the neighbor to build his obstruction.
Your neighbor has to take into account that when he builds his new building project, he is not infringing on your right to light.
If you decide that you don't want to forfeit your right to light, you could claim that the building has to be smaller.
A dollar figure could be added to the cost of you giving up that right so the building project can continue.
You could even make a claim that you are against the construction of the new building altogether.
Some instances have been noted from history that have caused building projects to be torn down and redesigned in order to comply with the neighbors right to light.
Just think of what a nightmare this could create for you, if you are the one that wants to construct this beautiful new project of yours! Somehow I sense that the friendly discussions that you normally would have with your neighbor would transpire into heated arguments and hostility.
Don't you think this type of problem could cause some major issues with your building project? This is why you need to be careful and have someone in place that knows exactly what you're up against! This could be one of the most subjective planning issues of your new building project.
Planners will pay great attention to your development or extension.
They will want to be satisfied that the window is not interrupted from skylight by your building project.
Primary and secondary windows are usually what type of windows categorized.
Secondary are usually windows that aren't given much attention, and usually aren't as important as a primary window.
Most of the light that comes into your office is from a primary window.
Secondary windows are often ignored by the planning departments in their impact assessments.
The building project manager has to consider a bunch of potential obstructions that could affect a neighbor's right to light.
Examples would be a neighbor's shed, garden walls, extensions, new housing and commercial developments.
Some of the fixes that an Access Consultant would suggest would be to offer a dispute resolution, or an expert witness.
Preparation and registration of light obstruction notices would be completed.
With technology today, we can even create 3D models to simulate certain aspects of the building project.