Rights of Light Surveyors Coventry
Instructions from Coventry neighbours and developers reach us from areas including Earlsdon, Canley, Stoke, Coundon and Tile Hill. Blue Sky Surveyors cover the city from London for rights of light work and visit each property in person. The first conversation is free.
Rights of light in Coventry
Coventry is a city of layers. Earlsdon is Victorian terrace, with close-set houses and the rear extensions that go with them. Coundon, Canley and Tile Hill are largely inter-war and later semis with more room around each house, so a problem there usually follows an unusually large addition. Stoke and Radford sit nearer the centre. The centre is changing fastest. Large student and residential schemes are going up beside older buildings. The biggest light questions come from there.
Coventry City Council is the planning authority for the city. Its officers test daylight and sunlight against the BRE guide, but they cannot grant, refuse or vary a right to light. That right is a private easement, typically acquired after twenty years’ uninterrupted enjoyment. A planning permission does not override it. Our role is to measure the position from the neighbour’s windows and advise the owner on where they stand.
Who we help in Coventry
Neighbours. A large student or city centre scheme nearby is worth checking against your windows. We can tell you whether your light is likely to be affected and what the options are.
Developers. A modest extension in Earlsdon can still affect a neighbour’s right to light. We model the proposal against surrounding windows, report the ones at risk and advise on amendment, a negotiated release or insurance before you commit.
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 Coventry City 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. Coventry City 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:
Book a Consultation
We deliver a superior standard of work
Get in Touch
We will be in touch to discuss your situation within one working day, free of charge.
Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk
Get Social with us
Daylight and sunlight reports in Coventry
If you need a daylight and sunlight assessment to support a planning application to Coventry City Council, see our daylight and sunlight assessment Coventry page.