Rights of Light Surveyors Brighton and Hove
Tight Regency and Victorian terraces make rights of light a live issue across Brighton and Hove. Blue Sky Surveyors act for neighbours and for developers in Hove, Kemptown, Hanover, Preston Park and Brunswick. We have acted on a matter in Brighton. The first conversation is free.
Rights of light in Brighton and Hove
Much of Brighton and Hove is Regency and Victorian terraces on narrow plots, with tall frontages and rear elevations that face each other across small gardens. Flat conversions have put many households behind one or two windows, so a roof extension or a rear addition next door can change the light to a whole room. Hanover climbs a steep hillside where houses step above one another. Kemptown and Brunswick have grand Regency terraces and squares. Portslade brings Victorian and later housing with its own extension pressure.
Brighton and Hove City Council decides planning applications across both halves of the city. It looks at daylight and sunlight under the BRE guide. Conservation areas such as Brunswick add design scrutiny, but rights of light are not part of its decision. They are a private legal matter between owners. Permission for a roof extension or new block does not take away a neighbour’s easement.
Who we help in Brighton and Hove
Neighbours. A roof extension or rear addition going up next door is worth checking before work starts. Send us the plans and we will tell you whether the light to your rooms is likely to drop and what your options are.
Developers. Conversions, roof extensions and new blocks get a model of the scheme against neighbouring windows, a note of which ones are exposed to a claim and advice on redesign, 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 Brighton and Hove City 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. Brighton and Hove City 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.
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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 Brighton and Hove
If you need a daylight and sunlight assessment to support a planning application to Brighton and Hove City Council, see our daylight and sunlight assessment Brighton and Hove page.