Rights of Light Surveyors East Sussex
Enquiries reach us from across East Sussex, including Brighton and Hove, Eastbourne, Hastings, Lewes and Uckfield. Blue Sky Surveyors act for neighbours worried about a nearby scheme and for developers who want the position understood before they build. A first conversation costs nothing.
Rights of light in East Sussex
East Sussex is a county of very different densities. Brighton and Hove is the pressure point, with Regency and Victorian terraces on steep streets and a steady flow of flatted infill. Eastbourne and Hastings have long stretches of seafront and hillside housing where new blocks and conversions sit close to existing windows. Lewes, the county town, has a tight historic centre where even small extensions are noticed by neighbours. Uckfield and the smaller inland towns see mostly extensions and smaller residential schemes.
East Sussex has no single planning authority. Applications are decided by the district council in East Sussex covering the site, or by Brighton and Hove City Council in the city. Each assesses daylight and sunlight under the BRE guide. None deals with rights of light, which remain a private easement between neighbours whatever the planning decision says.
Who we help in East Sussex
Neighbours. Light lost to a new building or extension is hard to judge from the plans. If a scheme near you has been notified, we can check your windows and tell you whether a right to light is likely to be affected.
Developers. Coastal flats, town centre conversions and hillside houses each bring different neighbour issues. We model the scheme against the surrounding windows and advise on dealing with any rights at risk, through design changes or agreement with the owner.
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 East 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 East 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.
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 East Sussex
If you need a daylight and sunlight assessment to support a planning application to the district council in East Sussex, see our daylight and sunlight assessment East Sussex page.
Areas we cover in East Sussex
Brighton and Hove | Eastbourne | Hastings | Lewes | Uckfield
Rights of light surveyors nearby
West Sussex | Kent | Surrey