Rights of Light Surveyors Maidenhead
Our rights of light work around Maidenhead takes in the regenerating town centre, the suburbs at Furze Platt and Boyn Hill and the riverside villages of Cookham and Bray. We act for neighbours of new schemes and for developers who need their position clear first. Your first call to us costs nothing.
Rights of light in Maidenhead
Maidenhead’s town centre has seen large-scale regeneration, with tall flatted blocks now standing near older buildings whose windows have had their light for a long time. Away from the centre the issues are quieter. Furze Platt and Boyn Hill are residential suburbs where extensions and infill houses bring neighbours close together. In Cookham and Bray large riverside houses are extended and replaced with neighbours alongside. That is a different kind of question from a town centre block.
The Royal Borough of Windsor and Maidenhead decides planning applications in the town and the villages around it. It applies the BRE guide to daylight and sunlight. Rights of light are outside its powers. Taplow sits across the river under a different authority but the law is the same on both banks: a right to light is a private easement and planning permission does not extinguish it.
Who we help in Maidenhead
Neighbours. Residents of the older streets near the centre often learn of a tall scheme only when a notice goes up. We can tell you from the drawings how it relates to your windows and what rights you may hold.
Developers. A town centre block and a house on a riverside plot raise the same question about the neighbouring windows. We model the scheme, advise on which are protected and set out the options for each, such as redesign, 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 Royal Borough of Windsor and Maidenhead 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. Royal Borough of Windsor and Maidenhead 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 Maidenhead
If you need a daylight and sunlight assessment to support a planning application to the Royal Borough of Windsor and Maidenhead, see our daylight and sunlight assessment Maidenhead page.