Rights of Light Surveyors Tyne and Wear
We take rights of light instructions across Tyne and Wear, including Newcastle upon Tyne, Gateshead, Sunderland, North Shields and South Shields. Our clients are neighbours worried about a nearby scheme and developers who want the position settled before they build. We cover the area from London and visit site ourselves. There is no charge for the first conversation.
Rights of light in Tyne and Wear
The Tyneside flat is the housing type that shapes the rights of light picture here. It is a terraced house split into two self-contained flats, one upstairs and one down. In Newcastle, Gateshead and the Shields these run in long close-set rows, so an extension or infill next door can touch the windows of several households at once. Sunderland has its own terraced streets and redevelopment around the River Wear. Central Newcastle and Gateshead are seeing taller new buildings rise among older stock.
Tyne and Wear is split between five metropolitan councils, so the local council in Tyne and Wear that decides an application depends on the site: Newcastle, Gateshead, Sunderland, North Tyneside or South Tyneside. Each assesses daylight and sunlight against the BRE guide and none has a role in rights of light. Those belong to the owners as private easements and survive a grant of planning permission.
Who we help in Tyne and Wear
Neighbours. Tyneside flats sit close together, so a neighbouring extension can reach several households at once. We can tell you whether your flat’s light is likely to be affected and what the options are.
Developers. Neighbouring windows set the limits on a riverside plot or a terrace infill. We model the proposal and identify the windows at risk. We then set out the choices: amend the design, negotiate a release or insure the risk.
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 local council in Tyne and Wear 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 local council in Tyne and Wear 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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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 Tyne and Wear
If you need a daylight and sunlight assessment to support a planning application to the local council in Tyne and Wear, see our daylight and sunlight assessment Tyne and Wear page.
Areas we cover in Tyne and Wear
Newcastle upon Tyne | Sunderland | Gateshead | North Shields | South Shields