Rights of Light Surveyors Croydon
Croydon is the most populous borough in London, with tall buildings in the town centre and suburban semis across the south in Purley, Coulsdon and Sanderstead. Blue Sky Surveyors act on rights of light for neighbours and developers throughout the borough, including Addiscombe and Norbury. The first conversation is free.
Rights of light in Croydon
Height is the issue in Croydon town centre, where tall residential and commercial buildings overlook older streets and can affect a great many windows at once. Elsewhere it is extensions and infill. The semis and terraces of South Norwood, Thornton Heath, Norbury and Addiscombe, together with the larger plots at Purley, Coulsdon and Sanderstead, see steady building work. The dispute is usually the same: one owner’s new wall close to another’s window.
A planning application in Croydon goes to Croydon Council, which tests daylight and sunlight against the BRE guide before deciding. That is the extent of the council’s interest in light. Rights of light are an easement between neighbours, acquired by use and enforced through the courts if at all. They carry on whatever the council decides, so a tall building approved in the town centre is still subject to them.
Who we help in Croydon
Neighbours. Tower proposals in the town centre and extension plans next door are each reason enough to ask. We assess the scheme against your windows and tell you where your light is likely to be affected and what the options are.
Developers. Tall schemes and suburban infill carry different risks. We model each against its neighbours, rank the windows at risk and advise on amending the design, negotiating releases or insuring.
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 Croydon 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. Croydon 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 Croydon
If you need a daylight and sunlight assessment to support a planning application to Croydon Council, see our daylight and sunlight assessment Croydon page.
Areas we cover in Croydon
Purley | Coulsdon | South Norwood | Thornton Heath | Norbury | Addiscombe | Sanderstead