“Right to light” issues and the Party Wall etc. Act 1996 often show up on the same project, but they are wholly separate legal regimes.
Mixing them up can cause delay, needless expense, or—worse—an unenforceable outcome. Here’s a clear, practical guide to how they differ, how they can interact on real projects, and how a well-drafted Party Wall Award keeps everyone in their proper lane.
Two different frameworks, two different questions
The Party Wall Act is a procedural statute for England and Wales. It regulates how notifiable works near boundaries are carried out—think cutting steel into a party wall, raising or rebuilding a party wall, or excavating for new foundations within 3 or 6 metres of a neighbour’s structure. It requires formal notices, allows for surveyors to resolve disputes, and culminates in a Party Wall Award that sets the time and manner of the works (access, methods, protection measures, cost allocation, and so on). The Act exists to facilitate lawful construction while protecting neighbours from unnecessary inconvenience and damage.
Right to light, by contrast, is a private property right (an easement) acquired by long use, grant, or prescription. It protects a building’s internal light through defined apertures (usually windows). If a new extension or infill reduces the amount of light below accepted thresholds, the affected owner may have a civil claim (injunction and/or damages). Right to light is not the same as planning daylight/sunlight assessments; it’s a separate legal test, usually modelled by specialist right-to-light surveyors using established methodologies. It does not sit inside the Party Wall Act process.
Can a Party Wall Award “decide” right to light?
No. A Party Wall Award cannot grant, remove, or determine a right to light. Surveyors appointed under section 10 of the Act have jurisdiction only over matters connected with notifiable works—the how and when of construction affecting party structures or adjacent excavations. They cannot adjudicate planning permission, building regulations, covenants, easements (including right to light), crane oversailing licences, or boundary positions. Those are outside the Act’s jurisdiction.
Why Awards refer to “all other consents”
You’ll almost always see a standard clause in a Party Wall Award along the lines of: “This Award does not dispense with the need to obtain all other statutory and third-party consents.” That “cover-all” wording is there for a reason: to confirm the Building Owner still needs to comply with planning, permitted development limits, building regulations, CDM/health & safety, licences, easements (including right to light), and any freeholder/leaseholder consents as relevant. In short, a Party Wall Award is not a master permission slip—it’s one vital piece of a wider compliance puzzle.
Practical tips for Building Owners
If your scheme is close to neighbours’ windows, consider commissioning right-to-light advice early, in parallel with your party wall route. It’s much cheaper to tweak a design before notices and Awards are in train than to unravel things after service. Keep in mind that an Award won’t cure a right-to-light problem—and a right-to-light release won’t replace the need for valid notices and a compliant Award.
Practical tips for Adjoining Owners
Receiving a Party Wall Notice does not waive your right to light. If you’re worried about permanent light loss, seek separate advice on your easement position. Meanwhile, engage constructively with the party wall process so that, whatever happens on the civil right-to-light front, the construction itself is controlled, proportionate and safe under the Award.
Where Simple Survey fits
We specialise in the Party Wall side: getting the notices right, keeping the timetable on track, and issuing robust, legally sound Awards that regulate the time and manner of the works. Our documents will always include the standard clause confirming all other consents remain the owner’s responsibility—so there’s no confusion about what the Award does (and doesn’t) cover. If a project needs right-to-light input, we’ll flag it and can coordinate with your chosen specialists while we keep the party wall process moving.
Transparent, low-friction fees
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
No bloat. No drama. Just precise compliance and steady progress.
Need a clean, compliant Party Wall route—without breaking the bank?
Email your drawings and a short description to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, serve valid notices, and produce a robust Award—while keeping an eye on anything that may need separate right-to-light or planning attention.
Simple Survey — the cost-effective, no-nonsense way to get your Party Wall works done properly.
This article is general information, not legal advice. For right-to-light liabilities, take specialist advice in parallel with your party wall process.