Rights of Light Surveyors Harrow
We advise owners planning work and neighbours affected by it on rights of light across the London Borough of Harrow, including extensions and rebuilds in Pinner, Stanmore and Kenton and flats in Wealdstone and Harrow town centre. We do not charge for the first conversation.
Rights of light in Harrow
Much of Harrow’s housing is inter-war semi-detached. Owners alter these houses heavily, with rear and side extensions, loft conversions and in some cases a complete rebuild on the same plot. A larger replacement house close to the boundary can change the light reaching the neighbour’s kitchen window. Flats around Harrow town centre and Wealdstone raise the same question on a bigger scale. Pinner, Hatch End and Stanmore see the same extension and rebuild activity.
Harrow Council determines planning applications in the borough. In doing so it considers daylight and sunlight with reference to the BRE guide. It has no jurisdiction over rights of light, which are a private legal matter between the owners of neighbouring properties. Planning permission for a rebuild or an extension does not remove the neighbour’s right. Any dispute is for the owners and their solicitors.
Who we help in Harrow
Neighbours. Before you respond to a neighbour’s plans it helps to know what they do to your windows. We assess the effect, explain what the result means and set out the steps open to you.
Developers. On a rebuild or a flatted scheme the neighbouring windows are usually only a short distance away. We build a model, identify the rooms affected and advise on the options, which include redesign, a negotiated release and 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 Harrow 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. Harrow 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:
Book a Consultation
We deliver a superior standard of work
Get in Touch
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
Get Social with us
Daylight and sunlight reports in Harrow
If you need a daylight and sunlight assessment to support a planning application to Harrow Council, see our daylight and sunlight assessment Harrow page.
Areas we cover in Harrow
Pinner | Stanmore | Harrow on the Hill | Wealdstone | Hatch End | Kenton