How to apply for a certificate to register a light obstruction notice
Published 1 June 2016
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About this guide
This guide helps you to understand the ‘right of light’ and how to apply to the Upper Tribunal (Lands Chamber) for a certificate to register a light obstruction notice.
The guidance explains:
- what a right of light and a light obstruction notice are
- when a light obstruction notice is needed
- the application process for a light obstruction notice
- what fees you will need to pay
- the role of the tribunal
For more information and links to application forms, see the guide about how to apply or appeal to the Upper Tribunal (Lands Chamber).
This guidance is not about protecting a right of light. The Upper Tribunal (Lands Chamber) does not deal with this part of the process.
Rights of light
If daylight passes across one person’s land to a door or window in a building on land another person owns, that building may eventually get a ‘right of light’ – sometimes known as a ‘right to light’.
This is a right to prevent the owner of the first plot of land from reducing the amount or passage of light to the building on the second plot of land. This right only exists if the light to the building has not been obstructed for 20 years or more.
Light obstruction
The Rights of Light Act 1959 allows for the light to be obstructed by the registration of a ‘notional structure’ in the local council’s land charges register. This is an application for the right to erect a building that may obstruct the light if built.
If you apply for notional obstruction, any affected neighbour can make an objection by providing evidence of an existing right of light.
Protect a right of light
If someone is applying for a light obstruction notice that affects a building you own, they must tell you about their application. If your building has received light unobstructed for at least 20 years, you may have the right to object to the application.
However, you cannot object to the Upper Tribunal (Lands Chamber) as it has no power not deal with this process. Instead, you must submit your challenge at either your local county court or the High Court.
If you are told about an application, or if building works start, that you believe will affect your existing right of light, you should seek legal advice.
About the tribunal
The Upper Tribunal (Lands Chamber) decides on a range of disputes concerning land in England and Wales and appeals against decisions of certain other tribunals.
The tribunal’s procedures are governed by statutory rules called the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010.
Tribunal decisions are published online, unless a party makes a written request that this should not be done.
Role of the tribunal in right of light cases
The tribunal’s roles are to:
- determine what steps the applicant must take to inform interested parties about the application for a light obstruction notice
- issue a certificate allowing for the registration of a light obstruction notice if satisfied that adequate publicity of the application has been made
Contact the tribunal
The Upper Tribunal (Lands Chamber)
5th Floor
7 Rolls Building
Fetter Lane
London
EC4A 1NL
Telephone: 020 7612 9710
Find out about call charges
Fax: 0870 761 7751
Email: lands@hmcts.gsi.gov.uk
The tribunal aims to respond to letters and emails within 5 working days.
Find out more about the Upper Tribunal (Lands Chamber)
Apply for a certificate
To apply for a certificate to register a light obstruction notice, you must send the tribunal:
- a completed copy of Form 1: Application for a certificate of the tribunal – Rights of Light Act 1959 (T383)
- a completed copy of Form A: Light Obstruction Notice - Rights of Light Act 1959 (T384)
- an application plan of the land and buildings
- the fee
You can send the documents and fee to the tribunal by post or email.
Alternatively, you can file the documents and pay the fee using the HMCTS E-filing service You must use the E-Filing service if you have legal representation or a legal representative applying for an applicant.
The application plans of the land and building
The plans of the land and building must include:
- the land on which you intend to build, outlined in red – this is called the ‘servient land’
- any building affected by the light obstruction, outlined in blue – this is called the ‘dominant building’
Applicants sometimes outline all the land on which the dominant building sits. Do not do this unless the dominant building covers all the land on which it sits.
Temporary certificates
If you need a certificate urgently, you must explain why in Form 1 (T383). The tribunal will only grant a temporary certificate if the building subject of the application will acquire rights to light soon.
Temporary certificates will include instructions for how you must serve notice of the application. You must then provide the tribunal with evidence that you have adequately served notice of the application to the owners of any affected building. This evidence must be:
- any acknowledgement of service you have received from the owner of the affected building or other interested parties, or
- a proof of delivery of service
You should do this as soon as possible so you can receive and register a full certificate before the temporary one expires. Temporary certificates are valid for 4 months from their issue date.
The fee
The fee for a standard full certificate is £1,320. If you need the tribunal to issue a temporary certificate then the fee, including the temporary and full certificates, is £1,650.
If you are applying by post, you can include a cheque, made to ‘HM Courts and Tribunals Service’. If you would rather pay by bank transfer, let the tribunal know in your application and you’ll receive instructions.
If you are applying using the E-Filing service, you can pay online.
What happens next
The tribunal will aim to issue a temporary certificate, if requested, within 3 working days of receiving the application. This will include instructions for how to serve notice to affected parties.
If you do not need a temporary certificate, the tribunal will aim to issue the instructions for serving notice within 5 working days of receiving the application.
The tribunal will then aim to issue a full certificate within 5 days of receiving satisfactory evidence that notice has been adequately served.
Once you receive your certificate, you must register your light obstruction notice with your local council. Contact your local council to find out how to do this.
Get help or guidance
Read our guidance on finding legal advice and information.
For advice on how to present your case, or if you need to understand more about the law, you may also wish to consult Citizen’s Advice.
Citizens Advice
A charity and network of local charities, offering free, confidential advice online, over the phone, and in person. They offer advice on housing issues, such as tenants’ rights and responsibilities.