Rights of Light Surveyors Middlesex
Blue Sky Surveyors are rights of light surveyors for the old county of Middlesex, a name that still turns up in addresses across north west and west London. We act for neighbours and developers in Harrow, Ealing, Hounslow, Hillingdon and Barnet. The first conversation is free.
Rights of light in Middlesex
Much of Middlesex was built out between the wars as suburban estates of semis and short terraces, each with a back garden and a near twin next door. That repetition is what drives the work. One owner builds a deep rear extension or a side and loft conversion, the neighbour’s kitchen loses its direct light and a complaint follows. Around Wembley, Edgware and Hayes the pressure comes from flatted schemes rising beside houses that have enjoyed their light for generations.
Planning applications are decided by the relevant London borough, whether that is Harrow, Ealing, Brent, Barnet or one of their neighbours. The borough will test daylight and sunlight against the BRE guide but has no say over rights of light, which belong to the owners of the affected windows. A permission does not extinguish them, so a neighbour can still raise the point after the drawings are approved.
Who we help in Middlesex
Neighbours. A neighbour’s extension on a street of near-identical semis is a regular reason for people to call us. We look at the plans against your rear windows and tell you whether the windows are likely to lose light and what the options are.
Developers. Anyone building a rear extension, a plot redevelopment or a small block of flats gets a 3D model tested against the neighbouring windows, a clear list of those at risk and the realistic ways to deal with each.
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 my local borough 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. my local borough 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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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
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Daylight and sunlight reports in Middlesex
If you need a daylight and sunlight assessment to support a planning application to your local borough council, see our daylight and sunlight assessment Middlesex page.
Areas we cover in Middlesex
Harrow | Hillingdon | Ealing | Hounslow | Brent | Barnet | Enfield | Haringey