Rights of Light Surveyors Brentwood
Brentwood, Shenfield, Hutton and Ingatestone are covered by Blue Sky Surveyors, a London practice that does its own site visits. We act for neighbours of larger extensions and rebuilds. We also act for owners who want the rights of light position clear before they build. The first call is free of charge.
Rights of light in Brentwood
Brentwood is a commuter town with the Elizabeth line on its doorstep. Demand for family houses has pushed owners to build out and up. In Shenfield and Hutton large houses are regularly extended or replaced with bigger ones, often on plots where the neighbours’ windows are only a few metres from the boundary. In Warley and Pilgrims Hatch the issue is more often a rear or loft extension to an ordinary family house.
Applications in Brentwood go to Brentwood Borough Council. Officers there consider daylight and sunlight under the BRE guide, but they do not deal with rights of light. A permission being granted does not mean the neighbour’s right has gone. The two run side by side. Planning is a public process decided by the council. A right to light is a private right belonging to the owner of the affected window.
Who we help in Brentwood
Neighbours. We read the plans against your windows and explain, in plain terms, what a rebuild or large extension could mean for your light and what steps are open to you.
Developers. Before you commit to a rebuild or a large extension, we model it against the neighbouring windows and report on any right to light at risk, with options for design changes, a negotiated release or insurance.
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 Brentwood 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. Brentwood 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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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 Brentwood
If you need a daylight and sunlight assessment to support a planning application to Brentwood Borough Council, see our daylight and sunlight assessment Brentwood page.
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