Rights of Light Surveyors Bromley
Bromley covers more ground than any other London borough. Blue Sky Surveyors act on rights of light for neighbours and developers there, covering Beckenham, Orpington, Chislehurst, Petts Wood and Penge as houses are enlarged or rebuilt. The first conversation is free.
Rights of light in Bromley
Housing in Bromley is mostly detached and semi-detached on generous plots. Large rear extensions are a regular feature in Beckenham, Chislehurst and Petts Wood. Some owners go further and demolish to rebuild. A larger house on the same plot brings a taller flank wall closer to the boundary. A neighbour’s side windows or conservatory can lose light as a result. Around Bromley town centre the picture is different, with flatted infill beside older houses.
Bromley Council is the local planning authority for the whole borough. Its planning officers consider daylight and sunlight with reference to the BRE guide. Rights of light fall outside the planning system altogether. They are an easement attached to the neighbouring property and arise from years of uninterrupted use of the window, which means a permission from the council can coexist with a right that the developer still has to deal with.
Who we help in Bromley
Neighbours. A neighbour who is rebuilding or adding a large rear extension on a bigger plot can still cut into the light of a side or rear window. We read the drawings and tell you what is likely to change.
Developers. For plot rebuilds, large extensions and flats near Bromley town centre, we model the neighbouring windows and give you a ranked list of those at risk before the design is frozen, with the options for 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 Bromley 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. Bromley 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 Bromley
If you need a daylight and sunlight assessment to support a planning application to Bromley Council, see our daylight and sunlight assessment Bromley page.
Areas we cover in Bromley
Beckenham | Orpington | Chislehurst | Petts Wood | Penge | West Wickham | Biggin Hill