No Win No Fee Rights of Light Claims: What You Need to Know

By Daniel Peddlestone · 10 July 2026

If you have received a letter from a developer about a new building near your property, or you have noticed construction work that could block your light, you might be wondering whether you can afford to do anything about it. The good news is that many rights of light claims can be pursued on a no win no fee basis. But before you sign anything, you need to understand exactly what that means, what it covers, and where the risks sit.

A no win no fee arrangement is formally known as a Conditional Fee Agreement, or CFA. Under a CFA, your solicitor agrees not to charge you their legal fees if your claim is unsuccessful. If your claim succeeds, you pay their fees plus a "success fee," which is a percentage uplift capped by law. This model exists to give ordinary property owners access to justice when they could not otherwise afford to bring a claim. It is particularly common in rights of light disputes because the potential compensation can be significant, especially in urban areas where development land values are high.

So what does a CFA actually cover? Typically, it covers your solicitor's own fees for running the claim. That includes reviewing the merits, instructing a surveyor, negotiating with the developer, and if necessary, issuing court proceedings. What it usually does not cover is disbursements. These are the costs paid to third parties, such as the rights of light surveyor who prepares the technical evidence, court fees, and barrister fees if the matter goes to trial. Some firms will fund disbursements on your behalf. Others will ask you to pay them as you go. You should ask about this upfront before committing.

The biggest risk most people overlook is adverse costs. If your claim goes to court and you lose, the court can order you to pay the other side's legal costs. In a dispute involving a major development, those costs can be substantial. A CFA protects you from your own solicitor's fees, but it does not protect you from the developer's legal bill. To manage this risk, some claimants take out After the Event insurance, often called ATE insurance. This is a policy that covers adverse costs if the claim fails. Many solicitors offering no win no fee terms will arrange ATE cover as part of the package, and the premium is usually only payable if you win.

Understanding what a right of light is is the starting point for any claim. Your right must have been acquired, usually through 20 years of uninterrupted enjoyment of light through a defined aperture, under the Prescription Act 1832. A solicitor offering a CFA will assess whether your right exists and whether the proposed or completed development infringes it before agreeing to take on the case. They will also consider the likely value of the claim, because a no win no fee arrangement only makes commercial sense if the potential recovery justifies the work involved.

Not every claim will qualify for a CFA. Solicitors are selective because they carry the financial risk if the case fails. Claims with strong technical evidence, a clear legal right, and a developer with the means to pay tend to be the ones accepted. If you are unsure about whether you can make a claim, getting an initial assessment is usually free and carries no obligation.

One thing worth being clear about: a no win no fee arrangement does not mean the process is entirely cost-free even when you win. The success fee comes out of your compensation, so you will receive less than the headline figure. You should ask your solicitor to explain exactly how much of your settlement you will keep after their success fee and any ATE premium are deducted. Transparency here matters, and a good firm will set this out in writing before you agree to anything.

The strength of a rights of light claim often depends on timing. Claims brought before construction begins carry more weight because the court can grant an injunction to stop the building work. Post-completion claims are still viable but tend to result in damages rather than an injunction. This distinction affects the value of the claim and, by extension, whether a solicitor will offer no win no fee terms. You can learn more about how compensation is calculated to understand what factors drive the financial outcome.

If you think your light is being affected by a nearby development and you want to explore your options without financial commitment, the sensible first step is to request a free assessment. Getting early advice protects your position and gives you the information you need to make a decision about how to proceed.

Reference: Courts and Legal Services Act 1990, s 58; Conditional Fee Agreements Order 2013 (SI 2013/689)