Rights of Light Surveyors Bexley
Blue Sky Surveyors work on rights of light across Bexley, a borough of semis, inter-war estates and long back gardens. We act for neighbours worried about an extension next door and for developers building in Sidcup, Bexleyheath, Welling and Erith. The first conversation is free.
Rights of light in Bexley
Steady is the word for rights of light work in Bexley. Semis and inter-war houses make up much of the borough in Sidcup, Welling and Crayford, with a regular flow of rear extensions, side additions and loft conversions on streets where houses sit only a few metres apart. Garden length gives some protection but a two-storey extension on a boundary can still take light from a neighbour’s kitchen. The newer pressure is in the town centres of Bexleyheath and Erith, where blocks of flats are going up near older houses.
Bexley Council receives the planning application, notifies neighbours and weighs the proposal against its policies, including daylight and sunlight under the BRE guide. Rights of light are not among the things it decides. They belong to the owner of the neighbouring window and are a legal matter outside the planning system, so a neighbour who has missed the consultation can still have a rights of light position worth looking at.
Who we help in Bexley
Neighbours. A two-storey extension on the boundary is the common worry on a suburban street. We take the plans, check them against your windows and tell you if your light is likely to be affected.
Developers. Builders of extensions, plot redevelopments and town centre flats in Bexley can have their neighbours’ windows modelled before the planning application goes in. We then advise on changing the design, seeking 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 Bexley 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. Bexley 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 Bexley
If you need a daylight and sunlight assessment to support a planning application to Bexley Council, see our daylight and sunlight assessment Bexley page.
Areas we cover in Bexley
Sidcup | Bexleyheath | Welling | Erith | Crayford | Belvedere