Rights of Light Surveyors Chelsea
Rights of light surveyors for Chelsea, working around Kings Road, Sloane Square, World’s End and Chelsea Embankment in the Royal Borough of Kensington and Chelsea. Blue Sky Surveyors advise neighbours of basement and mews schemes and owners planning work to terraces and mansion blocks. The practice was founded in 2016 and the first conversation is free.
Rights of light in Chelsea
Terraces, mansion blocks and mews houses sit on small, expensive plots in Chelsea with little space to spare between them. A basement scheme, a rear infill or a rebuilt mews house therefore tends to stand within a few metres of a neighbour’s windows. Flats in mansion blocks can be especially exposed, because many rooms rely on a single window and a modest change to the building opposite is felt across the whole room.
Chelsea is within the Royal Borough of Kensington and Chelsea for planning purposes. Its officers test daylight and sunlight against the BRE guidelines and weigh the result with design and heritage policy. Rights of light are outside that process. They are a private easement held by the neighbouring owner and a decision notice from the council does not extinguish them, so the question goes to a solicitor rather than the planning department.
Who we help in Chelsea
Neighbours. Notices for a mews rebuild or a basement can be easy to miss. Pass us the drawings and we will say which of your windows are exposed and how seriously the position should be taken.
Developers. Mews and terrace plots leave little margin. We model your proposal against the surrounding windows and report which rooms are at risk, so the design can be adjusted or a release negotiated before the build starts.
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 Royal Borough of Kensington and Chelsea 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. Royal Borough of Kensington and Chelsea 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 Chelsea
If you need a daylight and sunlight assessment to support a planning application to Royal Borough of Kensington and Chelsea, see our daylight and sunlight assessment Chelsea page.