Rights of Light Surveyors Chiswick
Rights of light surveyors for Chiswick, in the London Borough of Hounslow, covering Bedford Park, Grove Park, Turnham Green and Strand on the Green. Blue Sky Surveyors act for neighbours of extensions and new builds and for owners planning work of their own. The first conversation is free.
Rights of light in Chiswick
Most of the rights of light questions in Chiswick begin with an extension. The Victorian and Edwardian villas and terraces were built close together, so a rear addition, a side return or a loft conversion with dormers can sit only a few metres from a neighbour’s windows. Bedford Park is a conservation area, so changes there are scrutinised for appearance, but that scrutiny says nothing about the neighbours’ light. Grove Park, Turnham Green and Strand on the Green share the same compact housing. We have acted on a matter in Chiswick, so the pattern is familiar.
Hounslow Council is the planning authority for Chiswick. Its officers consider the effect of a proposal on neighbours’ daylight and sunlight using the BRE guide, but rights of light are not part of that decision. The easement belongs to the owner of the affected window and survives a grant of permission. A neighbour can therefore hold full planning consent for an extension and still be asked about the light it takes.
Who we help in Chiswick
Neighbours. A planning notice on the lamp-post or scaffolding next door is the usual starting point. Send us the drawings and we will say whether your windows are likely to lose light and what you can do about it.
Developers. Before you commit to a rear extension, loft conversion or new house, we can test the design against the neighbouring windows and tell you where the risk sits and how to reduce it.
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 Hounslow 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. Hounslow 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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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 Chiswick
If you need a daylight and sunlight assessment to support a planning application to Hounslow Council, see our daylight and sunlight assessment Chiswick page.
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