Right to light and air: Applicability with respect to prevailing Building Rules in India

Abstract: The 'Right to Light and Air' doctrine is based on English common law called a right to ancient lights, which was one of the earliest legal recognitions of an environmental amenity as a property right. India has instituted this right through various legislative, judicial and regulatory through, Inter alia, the Transfer of Property Act (1882), the Easements Act (1882), National Building Code (NBC) of India (2005, revised 2016) and building bylaws of various States. This research paper investigates the legal basis, technical standards, and regulatory lack of a right to light and air in India. It looks at how the rights guaranteed under the Development Control Regulations (DCR) are frequently denied due to the failure of setback rules, Floor Area Ratio (FAR/FSI), height restrictions, and ventilation standards amid rapid urbanisation. The study highlights landmark judicial pronouncements, international best practices and germane solar access rights in the wake of India’s net-zero energy aspirations. Moreover, the study identifies architectural practices that ultimately affect nearby premises and residents based on experience. Based on an eminent Indian city, the paper illustrates specific facets where imprinted standards markedly depart from reality. The paper sets forth a framework by which solar easement law and day-lighting-based urban design in India can be effectively strengthened.

Keywords: Ancient Light, Easement Act 1882, NBC 2016, FAR, Setback Regulations, Urban Heat Island, RERA, Building Byelaws, Solar Access Rights