Rights of Light Surveyors Wandsworth
Across the London Borough of Wandsworth, Blue Sky Surveyors advise neighbours and developers on rights of light in Putney, Battersea, Wandsworth Town, Earlsfield and Tooting. Neighbours worried about an extension or a tower next door come to us. So do owners who want the position settled before they build. The first conversation is free.
Rights of light in Wandsworth
Wandsworth is largely Victorian terraces and semis. That is where most of our enquiries start. Side-return, loft and basement extensions are common in Putney, Southfields, Earlsfield, Balham and Tooting. A deep rear extension on one house can sit close to a neighbour’s kitchen or living room window. The other source is the river and Nine Elms, where residential towers are rising beside older buildings whose windows have had their light for decades.
Planning in the borough is decided by Wandsworth Council, which looks at daylight and sunlight under the BRE guide when it considers an application. It does not deal with rights of light. Those are a private matter between the owners of the buildings concerned. A planning permission does not remove them, so a neighbour can hold a right to light even where the scheme next door has full consent.
Who we help in Wandsworth
Neighbours. A planning notice through the door or scaffolding going up next door is usually when people call. We look at your windows against the proposal and tell you where your light stands and what the options are.
Developers. For a rear extension, a roof conversion or a larger river site, we model the scheme against the neighbouring windows, show which are affected and set out the choices: a revised design, a negotiated release or insurance.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
Are you a Developer?
Are you a neighbour?
Blue Sky Surveyors was started in 2016 because at most major practices, small and medium-sized clients were not getting the same level of care as large-scale developers in rights of light negotiations. We believe that providing all of our clients with the same level of service puts us in a position to deliver a superior standard of work.
We reach the best possible outcome for our clients. We achieve this by working closely with them to understand their expectations and deliver a tailored service that serves them best. Through dedication and experience, we strive to provide our clients with the highest standard of service.
Frequently Asked Questions
What is right to light?
A right to light is an “easement” which is enjoyed by one property (the dominant party) and burdens another property (the servient party).
Do you enjoy a right to light?
You must be able to establish that you do indeed enjoy a right to light in order to be able to enforce it. The most common way of acquiring a right is through long-term enjoyment, which is outlined in the Prescription Act 1832.
What about compensation/damages?
The primary remedy for an infringement to a right to light is an injunction. However, in recent years judges have used discretion and sometimes awarded damages in lieu. There are many factors that can contribute to the likelihood of an injunction being granted.
Can I prevent someone acquiring a right to light?
It may be possible to prevent someone from acquiring a right to light through long-term enjoyment (as outlined in the Prescription Act 1832). You may be able to serve a Light Obstruction Notice (LON) which can interrupt a parties enjoyment of light over your property or land. Details of LONs can be found in the Rights of Light Act 1959.
Who may have a right to light?
Anyone with a proprietary interest in a property.
What is an infringement to a right of light?
If the erection of a building, or extension to an existing building, reduces the daylight to a room (or rooms) within a neighbouring property to below a threshold level, then this would constitute an infringement.
Releasing a right to light?
It is sometimes possible to reach a financial settlement with a neighbour for a release of their right to light and doing so will address the risk. However, it must be remembered that you cannot force an affected neighbour to accept compensation to release their right to light; although, in the vast majority of cases an agreement can be reached.
Will Wandsworth Council consider my right to light when deciding a planning application?
No. A right to light is a private legal right between neighbouring owners and sits outside the planning system. Wandsworth Council may ask an applicant for a daylight and sunlight assessment under the BRE guidelines, but planning permission does not override a neighbour’s right to light and a scheme that has been approved can still infringe one.
Still have questions? Call us for a free consultation on 020 7867 3955; or, if now is not a convenient time, arrange a specific date & time for a call using our booking system. Simply click the button below:
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Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Wandsworth
If you need a daylight and sunlight assessment to support a planning application to Wandsworth Council, see our daylight and sunlight assessment Wandsworth page.
Areas we cover in Wandsworth
Putney | Battersea | Wandsworth Town | Tooting | Earlsfield | Southfields | Balham
Rights of light surveyors nearby
London | Lambeth | Merton | Richmond | Balham | Putney | Battersea