Rights of Light Surveyors City of London
Blue Sky Surveyors have their office on Ludgate Hill, so the City of London is our home patch. We act for owners and occupiers around Bank, Aldgate, Smithfield and Fleet Street. We also act for developers who want the rights of light position understood before a tall or large scheme goes ahead. The first conversation is free.
Rights of light in City of London
The Square Mile carries the densest concentration of rights of light work in the country. Nearly all of it is commercial. Office buildings that have stood for decades are redeveloped taller and closer to their neighbours while the windows next door have usually enjoyed their light for far longer than twenty years. Office-to-residential conversions add a second layer. Once a floor becomes flats the occupiers care about daylight in a way an office tenant often did not.
Planning for the Square Mile sits with the City of London Corporation, which considers daylight and sunlight against the BRE guide when it decides an application. It does not deal with rights of light. Those belong to the owners of the buildings concerned, sit outside the planning system and are not removed by a consent. We are usually asked to look at the question once a scheme has permission or is close to getting it.
Who we help in City of London
Neighbours. Owners and occupiers of buildings near a proposed redevelopment can ask us which of their windows are affected and how serious the loss of light is, well before the scheme is built.
Developers. A redevelopment in the City has many neighbouring windows to consider. We model the scheme against each one, flag those with rights of light exposure and set out the options, from design changes to negotiated releases and 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 City of London Corporation 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. City of London Corporation 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 City of London
If you need a daylight and sunlight assessment to support a planning application to the City of London Corporation, see our daylight and sunlight assessment City of London page.
Areas we cover in City of London
Ludgate Hill | Farringdon | Barbican | Bank | Aldgate | Smithfield | Fleet Street
Rights of light surveyors nearby
London | Westminster | Islington | Tower Hamlets | Southwark | Shoreditch