Rights of Light Surveyors Epsom
Large extensions to family houses and redevelopment close to a neighbour’s windows are the usual starting points for rights of light work in Epsom. Blue Sky Surveyors cover Ewell, Stoneleigh, Epsom Downs and Langley Vale too, acting for neighbours and developers. The first conversation is free.
Rights of light in Epsom
Epsom is a commuter town of detached and semi-detached houses. The typical rights of light case here is a large extension. Two-storey side and rear additions, loft rooms and the occasional demolition and rebuild on a generous plot all bring new walls closer to a neighbour’s windows. In the suburban streets of Ewell and Stoneleigh the gaps between houses are modest, which makes the effect easier to notice. Redevelopment of the hospital cluster adds a different kind of project, with larger buildings going up beside established housing.
Epsom and Ewell Borough Council is the planning authority for the town and for villages such as Langley Vale. It will weigh daylight and sunlight under the BRE guide when it decides an application, but rights of light are outside its remit. Planning consent does not extinguish a neighbour’s right to light. A house that has had its light for twenty years or more may hold one whatever the committee decides.
Who we help in Epsom
Neighbours. A builder marking out a footprint is often the first sign that something is coming. We compare the drawings with your windows and say whether your light is likely to be affected.
Developers. For a large extension or a rebuild we model the scheme against the adjoining houses and identify the neighbouring windows likely to have a right to light. Where one is at risk you get the options in writing, with what each would involve.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
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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 Epsom and Ewell Borough 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. Epsom and Ewell Borough 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.
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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 Epsom
If you need a daylight and sunlight assessment to support a planning application to Epsom and Ewell Borough Council, see our daylight and sunlight assessment Epsom page.