Rights of Light Surveyors Hounslow
Neighbours of a new scheme and the developers behind it can both talk to us about rights of light in the London Borough of Hounslow. We cover Chiswick, Brentford, Isleworth and Feltham. The work ranges from a single extension to a regeneration site. The first conversation is free.
Rights of light in Hounslow
Three kinds of work come up in Hounslow. Chiswick’s terraces and villas produce the householder cases, usually a rear or side extension built close to a neighbour’s windows. Brentford is where the large regeneration schemes are, with tall new buildings going up beside older housing and commercial premises that have had their light for many years. Feltham and Bedfont are suburban. Enquiries there tend to concern smaller extensions and the occasional redevelopment of a single plot.
Hounslow Council is the local planning authority. It tests a proposal’s effect on neighbouring daylight and sunlight against the BRE guide, but rights of light are outside its remit. They are a private easement, normally acquired through twenty years of uninterrupted use. They continue to exist whatever the council decides on the application. The owners involved deal with them directly or through their solicitors.
Who we help in Hounslow
Neighbours. A neighbour’s extension in Chiswick and a regeneration block in Brentford are very different cases, but the first step is the same. We assess what the scheme does to your windows and explain where that leaves you.
Developers. Developers in Brentford and elsewhere in the borough need the position on neighbouring light settled before construction starts. We model the scheme, identify the windows at risk and advise on how each one can be dealt with.
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 Hounslow 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. Hounslow 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 Hounslow
If you need a daylight and sunlight assessment to support a planning application to Hounslow Council, see our daylight and sunlight assessment Hounslow page.
Areas we cover in Hounslow
Chiswick | Brentford | Isleworth | Feltham | Osterley | Bedfont