ALL YOU NEED TO KNOW ABOUT 45 DEGREES RULE
The 45-degree rule is used to determine permissible objects and structures within a homeowners line of sight from his windows across his property. The Rule of 45 Degrees is an English common law rule which was created to protect the owners of a property, who are entitled normal light as they so require. The 45-degree rule states that if a neighbor’s obstruction such as a wall or window was built higher than the length of their window (or the equivalent if you’re talking about doors) then it could interfere with the owner’s ability to receive sufficient light to enjoy their property. If this happens then the court can order for some money to be paid by the neighbour in question.
A building must not constitute a material obstruction in the eye of the law by its elevation subtended an angle not exceeding 45 degrees at the base of the light alleged to be obstracted. This rule cannot be applied to every case but is used as prima facie evidence. It is not a positive rule of law, however, in India, courts take circumstances into consideration.
The 45-degree rule is a common guideline used by local planning authorities to determine the impact from a housing development proposal on sunlight and daylight to the neighbouring properties.
If you’re thinking of a home extension or a change to your home, and need some advice, get in touch! We are here to advise you on how your home could be changed without affecting your direct neighbours.
When thinking about extending or making changes to your house, it’s crucial to think about the impact that it will have on your direct neighbours, as the planning authority will consider this.
Some quick facts about the sun, which will put the 45-degree rule into context:
- The Sun is at it’s maximum height around noon
- The Sun is lower during winter months, with shorter days
- In reverse, the sun is higher during summer and our days are longer
- The Sun rises in the East and sets in the West
- The Sun is due south around midday
It is important to note that the horizontal and vertical measurements are taken from a nearest ‘habitable room’ of the neighbouring property (for example,a living room, bedrooms, a kitchen or even a conservatory). It doesn’t include other rooms such as utility rooms or bathrooms.
Horizontal
This is the primary way in which the 45 degree rule is applied.
Once you have your drawing for your proposed extension or development, a line is drawn from the nearest window of your neighbours property. A 45 degree angle is added, so if your planned extension falls outside this line, it shouldn’t impact your plans.
Vertical
The 45 degree rule also applies vertically.
This mainly applies to two storey extensions but the basis is still the same. An imaginary 45 degree line is drawn from the nearest habitable room of a neighbouring property to check if your proposed extension will impact daylight and sunlight.
