Rights of Light Surveyors Basingstoke
Neighbours and developers in Basingstoke can talk to a surveyor who makes the site visit in person. Blue Sky Surveyors cover Chineham, Hatch Warren, Brighton Hill, Old Basing and Oakley on rights of light, acting for both sides. The first conversation is free.
Rights of light in Basingstoke
Basingstoke grew quickly after the war and much of it was laid out as estates built in phases, among them Brighton Hill, Hatch Warren and Chineham. The houses sit on regular plots with similar rear layouts, so one family’s conservatory, two-storey extension or loft conversion often affects a neighbour whose windows face it directly. In the town centre regeneration has brought larger buildings beside older commercial premises and flats. Older housing in Old Basing and Oakley is less uniform, so each case there needs its own look at the windows.
Basingstoke and Deane Borough Council decides planning applications across the town and the villages around it. Its officers assess daylight and sunlight against the BRE guide. Neither the council nor the planning system handles rights of light, which belong to the owner of the building and can be infringed even where permission has been granted. That distinction is the starting point for any advice we give.
Who we help in Basingstoke
Neighbours. Extensions on estate streets tend to affect the house directly behind or beside them. We compare the drawings with your windows and tell you whether the light to your rooms is likely to fall.
Developers. Town centre regeneration sites and estate infill share one need, which is to know which neighbouring windows might be protected by a right to light before the layout is fixed. We model the surroundings and report on each.
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 Basingstoke and Deane Borough 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. Basingstoke and Deane Borough 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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Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Basingstoke
If you need a daylight and sunlight assessment to support a planning application to Basingstoke and Deane Borough Council, see our daylight and sunlight assessment Basingstoke page.
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