Rights of Light Surveyors Southwark
Southwark mixes Georgian streets, riverside warehouses and large regeneration sites. Blue Sky Surveyors act on rights of light for neighbours and developers in Camberwell, Dulwich, Bermondsey, Peckham and Elephant and Castle, with every site visited in person. The first conversation is free.
Rights of light in Southwark
Southwark’s rights of light cases split by ground. Around Dulwich and Camberwell the stock is Georgian and Victorian, houses and terraces whose owners extend to the rear and into the loft. In Bermondsey and Rotherhithe warehouses have become flats. New buildings now rise close to neighbours whose windows have looked across open sites for years. Elephant and Castle and the Old Kent Road are the regeneration corridors, where large blocks replace low-rise buildings and a single scheme can run to a great many neighbouring windows.
Planning in the borough sits with Southwark Council. Its officers read the daylight and sunlight reports against the BRE guide, which is as far as the council goes on light. A right to light is a private easement that the council neither protects nor extinguishes, so the planning decision and the rights of light position run in parallel and are not the same question.
Who we help in Southwark
Neighbours. With major sites changing around Elephant and Castle and the Old Kent Road, neighbouring owners are often unsure how much light is at stake. We look at the proposal against your windows and give you a straight view of the risk.
Developers. Our work for developers in Southwark starts with a model of the scheme against its neighbours. You then get a list of the windows at risk and a view on amending the design, negotiating a release or insuring.
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 Southwark 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. Southwark 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 Southwark
If you need a daylight and sunlight assessment to support a planning application to Southwark Council, see our daylight and sunlight assessment Southwark page.
Areas we cover in Southwark
Peckham | Dulwich | Bermondsey | Camberwell | Elephant and Castle | Rotherhithe | Nunhead
Rights of light surveyors nearby
London | Lambeth | Lewisham | Tower Hamlets | Westminster