Rights of Light Surveyors Edgware
Extended inter-war semis and flats along the Edgware Road corridor produce the rights of light work we see around Edgware. Blue Sky Surveyors cover Burnt Oak, Mill Hill and Colindale in Barnet as well as Stanmore and Canons Park nearby. The first conversation is free.
Rights of light in Edgware
Many inter-war semis around Edgware have already been extended, with lofts and rear additions built on top of each other, so a further extension next door starts from a position where light is already limited. Along the Edgware Road corridor the picture changes to flats, where a new block can stand close to the back of existing houses. The first type is found across Burnt Oak and Mill Hill, the second towards Colindale.
Planning in Edgware, Burnt Oak, Mill Hill and Colindale falls to Barnet Council, while Stanmore and Canons Park are across the boundary in Harrow. In both cases the planning team looks at daylight and sunlight against the BRE guide and leaves rights of light alone. A right to light is a private easement, so a neighbour can still raise it with the owner after consent is granted.
Who we help in Edgware
Neighbours. Loft and rear extensions on semis are common enough that the effect on a neighbour’s rear windows is easy to overlook. We can measure what you have now and tell you whether the scheme is worth taking further.
Developers. Where an extension or new block adjoins existing semis, we survey the windows next door, model the scheme and advise whether to amend the design, negotiate a release or insure against a claim.
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 Barnet 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. Barnet 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 Edgware
If you need a daylight and sunlight assessment to support a planning application to Barnet Council, see our daylight and sunlight assessment Edgware page.