Rights of Light Surveyors Altrincham
Large extensions and plot rebuilds in Hale and Bowdon make rights of light a regular question around Altrincham. Blue Sky Surveyors advise owners and neighbours in Hale Barns, Timperley and Sale as well. We travel from London and carry out the survey visit ourselves. The first conversation is free.
Rights of light in Altrincham
House prices around Altrincham are among the highest in the North West and owners invest accordingly. In Hale and Bowdon established houses on generous plots are rebuilt or extended on a large scale. A bigger building next door can still cut the light to a side or rear window even where gardens are wide. Hale Barns, Timperley and Sale are more suburban and see rear and loft extensions to family houses. In Altrincham itself the question is usually how a new building affects the older ones beside it.
Trafford Council is the planning authority for Altrincham, Hale, Bowdon, Sale and Timperley. It weighs daylight and sunlight against the BRE guide when it decides an application, but rights of light fall outside its remit. A permission for a large extension or a rebuilt house does not extinguish a neighbour’s easement. The owner of the affected window can take it up with a solicitor whatever the council has decided.
Who we help in Altrincham
Neighbours. If a neighbour in Hale, Bowdon or elsewhere has submitted plans for a large extension or rebuild, send us the drawings. We will check the effect on your windows and explain what you can do.
Developers. Owners planning a large extension and developers rebuilding a plot get the same approach from us: a model of the proposal, a list of the neighbouring windows with a right to light at stake and advice on how to deal with each.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
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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 Trafford 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. Trafford 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 Altrincham
If you need a daylight and sunlight assessment to support a planning application to Trafford Council, see our daylight and sunlight assessment Altrincham page.