Rights of Light Surveyors West Sussex
For rights of light in West Sussex we travel from London to Crawley, Horsham, Worthing, Chichester and Bognor Regis. Blue Sky Surveyors act for neighbours facing a scheme next door and for developers who want the position settled first. We carry out the survey visit ourselves. Talking it through first is free.
Rights of light in West Sussex
West Sussex mixes coastal towns, a new town and market towns, so the rights of light issues differ from place to place. Along the coast at Worthing and Bognor Regis the pressure is for flats on seafront and town centre sites close to older houses. Crawley and Haywards Heath have commuter housing and town centre schemes. Horsham and Chichester have older streets where a rear extension or infill house sits close to existing windows.
Planning in West Sussex is split between seven district and borough councils, so an application for your site goes to the district council in West Sussex that covers it. Its planners test the proposal for daylight and sunlight against the BRE guide. A neighbour’s right to light is a separate question outside planning. It is a matter for the owners and their solicitors.
Who we help in West Sussex
Neighbours. A site notice or a letter from the council is usually the first sign of a scheme. We look at the proposal against your windows and tell you where your light is likely to be affected.
Developers. On a coastal flatted scheme, a town centre site or a single new house, the first step is a model of the proposal against the surrounding windows. From there we advise on amendments, 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 the district council in West Sussex 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. the district council in West Sussex 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 West Sussex
If you need a daylight and sunlight assessment to support a planning application to the district council in West Sussex, see our daylight and sunlight assessment West Sussex page.
Areas we cover in West Sussex
Crawley | Worthing | Horsham | Haywards Heath | Chichester | Bognor Regis