Rights of Light Surveyors Hackney
Blue Sky Surveyors are rights of light surveyors in Hackney, advising both neighbours and developers in Dalston, Stoke Newington, Clapton, Shoreditch and Hoxton. We work on Victorian terraces, warehouse conversions and larger flatted or commercial schemes. The first conversation is free.
Rights of light in Hackney
Three kinds of building shape the work in Hackney. The Victorian terraces of Stoke Newington, Clapton and London Fields see a steady supply of rear extensions and loft conversions. The warehouses around Shoreditch and Hoxton have become flats and offices, sometimes with extra storeys added on top. Then there are the new-build blocks, which go up on tight sites beside low-rise neighbours. Each produces a different rights of light question but the pattern is the same: someone’s window faces a gap that is about to shrink.
Hackney Council determines planning applications and takes daylight and sunlight into account using the BRE guide. It has no role in rights of light, which sit in a separate area of law. Those are a private easement held by the owner of the window. A dispute over them is settled between the people involved, usually with solicitors, whatever the council has granted.
Who we help in Hackney
Neighbours. A new block or a warehouse extension on the next plot can change the light to a whole run of terrace windows. We assess the scheme against your property and explain in plain terms what is likely to be affected.
Developers. Developers on Hackney sites get the rights of light position early: a 3D model, the neighbouring windows at risk and a view on whether amendment, release or insurance is the sensible route.
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 Hackney 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. Hackney 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 Hackney
If you need a daylight and sunlight assessment to support a planning application to Hackney Council, see our daylight and sunlight assessment Hackney page.
Areas we cover in Hackney
Dalston | Stoke Newington | Shoreditch | Clapton | Hoxton | Homerton | London Fields
Rights of light surveyors nearby
London | Islington | Tower Hamlets | Haringey | Dalston