Daylight Sunlight vs right to light
Planning tests and legal rights aren’t the same. This guide explains the difference between Daylight & Sunlight (BRE 209) for planning and Right to Light (a legal easement)—and how AKT Surveyors helps you pass planning while managing neighbour risk.
Daylight, Sunlight and Right to Light Explained
Daylight and Sunlight (BRE 209) focuses on planning amenity. We assess Vertical Sky Component and No Sky Line for neighbours, Annual Probable Sunlight Hours where relevant, and internal daylight to the proposed scheme using metrics such as Daylight Factor or Useful Daylight Illuminance as scoped. These studies support planning applications, design development and environmental statement chapters, with decisions made by planning officers and committees.
Right to Light protects a private legal easement to sufficient light for qualifying windows. We carry out rights to light modelling and injury tests to inform negotiation strategy, insurance positions and, if needed, litigation. While the courts ultimately decide on injunctions or damages, most matters resolve by settlement.
You can pass BRE tests and still have Right to Light exposure, and the reverse can also be true.
Key differences table
| Topic | Daylight & Sunlight (BRE 209) | Right to Light |
|---|---|---|
| What it is | Planning guidance | Legal easement test |
| Typical outputs | VSC/NSL/APSH results, narratives, drawings | Window injury analysis, mitigation, settlement strategy |
| Who uses it | Planning officers, design teams | Owners/developers, insurers, legal teams |
| Common trigger | New build/extension affecting neighbours | Qualifying windows with 20-year use (typical) |
| Outcome | Planning decision risk | Injunction/damages risk |
2-4 Ringers Road, Bromley
Wadworth Brewery, New Park Street
360, 17 Marlborough Street, Bristol
Faq
Got questions about right to light in London?
Below are answers to the most common right to light questions we receive from London homeowners, architects and developers covering law, process, fees and what to send us.
No. BRE tests amenity for planning; Right to Light protects a legal easement. You can pass BRE and still face RoL exposure.
For tight urban sites, rooftop additions, deep extensions, or where neighbours have long-established windows, commission both to avoid surprises.
Neighbouring daylight: VSC and NSL. Neighbouring sunlight: APSH (where relevant). Internal daylight for proposed rooms can include DF/UDI.
We model qualifying windows and test whether the proposal reduces light below accepted thresholds for sufficient light – then advise on mitigation and settlement.
Yes. Geometry and set-backs can change BRE results and RoL exposure. Early modelling helps retain viable floorspace.
Existing/proposed plans, sections, elevations, storey heights, roof forms, and known constraints. DWG ideal; scaled PDFs acceptable.