Rights of Light Surveyors Clapham
Around Clapham Common, Clapham North and Clapham South, in the London Borough of Lambeth, we act for neighbours of side return, loft and rear extensions. We also act for owners in Abbeville Village and Stockwell who want the position settled before they build. The first conversation is free.
Rights of light in Clapham
The standard rights of light dispute in Clapham starts with a Victorian terrace and a narrow rear garden. A side return infill raises a new wall along the boundary. The window it faces next door can lose a good deal of light. Loft conversions and rear dormers add to the effect on the upper floors. The streets near Clapham North, Clapham South and the Common were laid out tight, so a modest extension can matter more than it looks on the plans. Abbeville Village and the older streets of Stockwell see much the same.
Lambeth Council decides the planning applications here and, where it looks at daylight and sunlight, it does so against the BRE guide. Rights of light are outside that process. They are a private easement held by the neighbouring owner, so a scheme can be fully consented and still infringe one, which is a matter for the owner and their solicitor.
Who we help in Clapham
Neighbours. Once we have the plans for the extension next door, we can tell you which of your windows are affected, how much light they stand to lose and what your options are.
Developers. For a side return, a loft or a larger scheme, we model the proposal against the neighbouring windows, identify those at risk and set out the options, from a design change to 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
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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 Lambeth 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. Lambeth 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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Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk