Rights of Light Surveyors Bath
In Bath we act for neighbours and developers on rights of light matters, taking in Widcombe, Lansdown, Bathwick, Oldfield Park and Combe Down. We cover the city from London and carry out the survey visit ourselves. The first conversation is free of charge.
Rights of light in Bath
Bath is a World Heritage city and its buildings show it. Georgian terraces and crescents, listed buildings on almost every street and small, steeply sloping plots mean that windows often sit close to the next building and at different levels. In Widcombe, Bathwick and Lansdown a rear extension, a mansard or a new dwelling in a garden can affect light across a slope, not just along the street. Oldfield Park, Weston and Combe Down have more everyday housing, where extensions and infill are the usual cause.
Bath and North East Somerset Council decides planning applications in the city, with extra weight on heritage because of the listed buildings and World Heritage status. Daylight and sunlight are tested against the BRE guide. Rights of light sit outside all of this. They are private easements. A consent granted by the council, however much heritage scrutiny it has had, does not extinguish them.
Who we help in Bath
Neighbours. Listed status and a right to light are separate matters. If a scheme near you is a worry, we can look at your windows and explain where you stand.
Developers. Neighbouring windows on a hillside plot are often close and at awkward angles. Our model shows which of them carry rights and how far the scheme reaches, so redesign, release or insurance can be weighed early.
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 Bath and North East Somerset 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. Bath and North East Somerset 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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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 Bath
If you need a daylight and sunlight assessment to support a planning application to Bath and North East Somerset Council, see our daylight and sunlight assessment Bath page.
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