Rights of Light Surveyors Essex
Rights of light advice across Essex, from our London office, for neighbours and developers in Chelmsford, Colchester, Southend-on-Sea, Brentwood and Loughton. We assess whether a nearby scheme will take light a window has enjoyed for years and help developers deal with the risk before they build. The first call costs nothing.
Rights of light in Essex
Essex is easiest to describe in two halves. Basildon and Harlow are post-war new towns, where redevelopment brings larger blocks into centres and estates laid out with plenty of space around the buildings. Brentwood, Loughton, Chelmsford and Colchester are older and more compact, so extensions and infill houses are the usual cause of concern. Southend-on-Sea and Grays bring in seafront and riverside flats. Braintree sits between the two, with a town centre and suburban streets where both kinds of scheme turn up.
Which council decides an application in Essex depends on the site, because there are twelve district councils plus the unitary authorities at Southend and Thurrock. In most of the county it is the district council in Essex covering the land. Its officers look at daylight and sunlight under the BRE guide. Rights of light are not part of their remit, since the easement belongs to the neighbour and carries on after permission is issued.
Who we help in Essex
Neighbours. A site next door that has been sold or granted permission leaves many owners unsure about their windows. We review the scheme against your rooms and give you a straightforward view of how your light is likely to change.
Developers. We work with developers in Essex who need the rights of light position established early. That means a model of the scheme, a schedule of the windows with a right to light that it affects and advice on 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 the district council in Essex 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 Essex 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 Essex
If you need a daylight and sunlight assessment to support a planning application to the district council in Essex, see our daylight and sunlight assessment Essex page.
Areas we cover in Essex
Chelmsford | Colchester | Southend-on-Sea | Brentwood | Basildon | Harlow | Loughton | Grays | Braintree
Rights of light surveyors nearby
London | Hertfordshire | Suffolk | Havering | Romford