Rights of Light Surveyors Sheffield
Sheffield’s hills give its rights of light matters a character of their own. Blue Sky Surveyors take them on across Ecclesall, Nether Edge, Crookes, Broomhill, Dore and Kelham Island, working from London and making the survey visit themselves. Talking to us first costs nothing.
Rights of light in Sheffield
Sheffield is built on hills, which changes how light is lost. Buildings step up the slopes, so a new block or extension on higher ground can sit above the roofs and windows of the street below. Houses lower down look out over neighbouring roofs rather than gardens. Nether Edge and Ecclesall have Victorian villas and Dore substantial family houses. Crookes and Broomhill mix terraces with large student schemes. Kelham Island is more industrial, with conversions and new flats near older buildings.
Sheffield City Council determines planning applications in the city and looks at daylight and sunlight under the BRE guide. A right to light is a separate matter. It is a private easement, the council has no part in it and planning permission does not override it. If a scheme affects your windows, that question runs alongside the planning process rather than inside it.
Who we help in Sheffield
Neighbours. On a slope, a new building uphill can take light from windows below in ways the elevation drawings do not show. We can model the effect on your windows and tell you what it means.
Developers. Schemes on sloping sites need the neighbouring windows modelled in three dimensions, not judged from sections. We do that, identify the rights at risk and advise on the practical routes, including redesign, 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 Sheffield 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. Sheffield 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:
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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 Sheffield
If you need a daylight and sunlight assessment to support a planning application to Sheffield City Council, see our daylight and sunlight assessment Sheffield page.
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