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If there is something that the United Kingdom could blame for its geography and climate, it is the gray days. Rare is the moment when the sun is not covered by clouds in Mary Poppins’ country, where natural light has become a scarce commodity to fight for. So much so, that there is a “right to light” by which homeowners can legally prevent new construction that obstructs natural light rays into their homes. This law is actually an easement established in 1832 by which the owner of a building with windows that have received natural light for more than 20 years has the right to prohibit adjacent constructions that limit it. That is, historically, a person was entitled to this if natural light and air had passed freely through their windows during that time and been enjoyed without disturbance. And these homes protected by the ordinance were marked with the “Ancient Lights” sign. Therefore, if a neighbor tried to violate this by building a structure or planting trees, the owner had the power to sue him for the “nuisance”. Of course, it is important to note that these do not only affect direct sunlight. But it gives the right to a minimum level of natural lighting, not direct rays of the sun. Although this urban planning law has undergone quite a few changes since its inception, the power of property owners to demand natural light continues to be debated in British cities. Nowadays, These “Ancient Lights” signs are still found on buildings around London and other counties such as Dorset and Kent. And the law, more than 100 years later, continues to be the protagonist of all types of litigation, becoming a headache for judges, lawyers and construction companies. The idea of ​​”having the right to light” Let’s go into more detail. A question that arises from this concept is: how much natural light does a person have the right to? And that is precisely where this law has several legal loopholes. Because a building owner’s windows don’t even have to be completely blocked by a neighboring obstruction for that right to be invoked. You simply have to maintain the same level of lighting that the owner has experienced for twenty years, something that is quite diffuse. In the 1920s, Percy Waldram, an expert in this law, proposed a system to standardize the sufficient amount of light that people could claim. He suggested that “common people” required at least one foot-candle (a measure of light intensity) for reading and other work. If the builder, including a homeowner planning an extension, identifies a risk affecting light rights, they must notify the affected homeowner and engage with them to reach an amicable agreement. This could be as compensation or a redesign to rectify or mitigate the problem. However, if there is a dispute, There are two ways to take legal action: damages and/or a court order. The first consists of granting a sum of money to compensate for the loss. The second may require demolition of part or all of the new building unless some other structural change can remedy the problem. The latter is usually too expensive. The idea for many years was that if a property owner did not take immediate steps to obtain a court order, the only remedy available to them was damages. However, a 2010 case left builders stunnedas the court held that it was possible to obtain an injunction even after the completion of the new building. In another more recent case from 2020the court granted an injunction to a property owner two years after the completion of the infringing work. The court found that the builder had proceeded with full knowledge of the risk he was taking. Is there a similar law in Spain? The easements They also exist in Spain. It is the right that the owner of a property has over the adjoining property that limits the proprietary powers of the owner thereof. In fact, it is not so uncommon to find cases in our country (especially in individual homes), in which Your neighbor has one or more windows that face directly onto your property. Is it legal? As regulated by the Civil Code in article 580no party wall can, without the consent of the other, open any window or opening in a party wall. Otherwise, the owner of a wall that is not a party wall and that is adjacent to the back of another owner may open windows or openings in the same wall. to receive lightsas long as it complies with the premises established in article 581 of the Civil Code. Furthermore, as stipulated in the article 582 of the Civil Code: “You cannot open windows with straight views, nor balconies or other similar overhangs, over the neighbor’s property, if there is not two meters of distance between the wall on which they are built and said property. Nor can you have side or oblique views over the same property, if there is not 60 cm of distance.” In Xataka | If your renovation is a pain, think about the house that cost 120 times more than its original cost: a masterpiece In Xataka | If the question is whether they forgot the elevator shaft in the tallest residential skyscraper in Spain, the answer is simple: it was much worse Image | Chris Flexen