Few experiences are more disheartening for homeowners than purchasing a property with a stunning view, only to have it obliterated by a new development or an unsightly extension erected by a neighbour. Such views notably add significant value to homes—as research from property website Rightmove indicates, homes with a view can command a premium averaging £88,000 at sale. Yet, with recent proposals by the Labour party aiming to relax planning restrictions to boost housing supply, including in rural settings, an increasing number of homeowners could face this predicament.

Ownership of a property does not guarantee protection of its surrounding vistas. Provided the necessary permissions are secured, neighbours generally have the legal right to develop their land, even if it obstructs someone else’s view or diminishes their property’s value. However, property lawyers highlight certain strategies that prospective buyers or current owners can deploy to safeguard cherished views or seek redress when threatened.

One potential safeguard is the existence of restrictive covenants—legal promises embedded in a property’s title deeds that can limit what a landowner may do on their land. These covenants might, for example, bar owners from erecting structures above a certain size or blocking a neighbour’s outlook. Typically established when large parcels of land are subdivided and sold off, these covenants can be enforced through civil courts. Yet, experts caution that developers often challenge such covenants, arguing that circumstances have evolved, such as farmland turning into urban fringe, thereby undermining their relevance. Additionally, covenants can sometimes be modified or legally circumvented, so their presence does not guarantee absolute protection. Homebuyers can check for these covenants via the Land Registry, which provides official property title documents for a nominal fee.

Another legal avenue relates to the right to light, a doctrine enshrined in the Rights of Light Act 1959. This right permits property owners to receive natural light through defined windows or openings, typically acquired after 20 years of uninterrupted use. Should a proposed development markedly reduce the daylight entering these windows to the extent that it impairs usual activities, affected owners can seek injunctions to halt construction or pursue damages. However, not all light reduction qualifies; the interference must be significant enough to affect the property’s use. For example, blockage impacting the light in a bedroom is less likely to succeed than interference with a room used as a studio requiring ample daylight. Securing expert surveys and legal advice is essential as rights to light claims can be complex and costly.

Community action can also serve as a powerful deterrent to development. Land can be registered as a town or village green if it can be demonstrated that local people have used it recreationally—holding events, picnics, or playing—for at least 20 years. Once registered, the land gains protection from building development, offering a potential shield for scenic communal spaces. However, developers may counteract such applications if there has been a lack of complaint about the proposed development within a year prior to registration attempts.

When developments are proposed, affected residents have the right to object during the planning application process. While the loss of a view on its own is not usually grounds for refusal, councils may consider objections related to the character of the area, overdevelopment, privacy loss, or overshadowing. Residents living in conservation areas or Areas of Outstanding Natural Beauty may find local authorities more inclined to restrict inappropriate building projects.

Examples of these challenges are stark. Liz Bates, a homeowner in Bournemouth, Dorset, had a panoramic sea view for years until a neighbouring development erected a towering brick wall, blocking the vista and reducing her property’s valuation by an estimated £50,000. She is pursuing a right to light claim as her home suffers severe light loss. Meanwhile, in Essex, Jackie Turner has fought against compulsory purchase orders for the new Lower Thames Crossing motorway that threatens to consume her family farm, underscoring the emotional as well as financial toll these disputes can exact.

Prospective buyers can mitigate future surprises by conducting thorough due diligence before purchase. This includes driving around to observe current developments, scrutinising local authority plans and development allocations in Local and Neighbourhood Plans, reviewing the history of planning applications for the area, and using conveyancers skilled in assessing development risks. Recognising clues such as empty plots or agricultural lands adjoining properties can also inform purchase decisions.

In an environment of increasing development pressure, understanding legal protections like restrictive covenants and rights to light, engaging in community action where possible, and actively participating in planning consultations are the key steps homeowners can take to protect their homes and treasured views.

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Source: Noah Wire Services