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45 Degree Rule

Article 414 [ added on 13-04-2010, updated on 12-08-2010 ]

Have you seen our 45 Degree Rule 3D walkthrough?

The 45 degree rule

The 45 degree rule should not be confused with The Right of Light, which is administrated by the courts. The Local Authority cannot be involved in rights of light matters.

The 45 degree rule is a procedure applied by some Authorities to limit the effect of an extension on adjacent properties. When applied it relates to Planning Applications only not Building Regulations schemes.

Depending upon the scheme being single or two storey the procedure is the same. From a point within the window of the adjacent dwelling a line is drawn, in plan, at 45 degrees. As a general rule the "point" is midway on the window opening for a two storey and a quarter of the way into the window for two storey extensions.

The proposed extension should not project beyond that line. The situation can be open to interpretation and can vary from Authority to Authority.
Bear in mind that compliance with the 45 degree rule does not guarantee planning approval. There may be other aspects of the design that the Council might find unacceptable.

Finally ­ recent changed to planning law may supersede the 45 degree rule. The situation is currently unclear.

The Right Of Light

The right of light should not be confused with the 45 degree rule.

The right of light to windows and similar openings was established in law in 1832. To enjoy a right of light it needs to be in place for a certain time; a figure of 20 years may be acceptable.

The infringement of a right of light could be an extension, wall or fence. Any dispute must be settled in court not by reference to the Local Authority. The advice of a solicitor should be sought.

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