Rights of Light Surveyors Hammersmith and Fulham
Extension and regeneration schemes across Hammersmith and Fulham raise rights of light questions. Blue Sky Surveyors advise on them in Fulham, Shepherd’s Bush, Parsons Green, Brook Green and White City, acting for neighbours and for owners and developers. The first conversation is free.
Rights of light in Hammersmith and Fulham
Fulham’s dense Victorian terraces see a steady run of side-return, loft and rear extensions. Each one changes what the neighbouring house receives. Regeneration at White City and Earls Court works on a different scale, with taller buildings that affect residents of existing blocks as well as terraced houses. Around Shepherd’s Bush, Brook Green and Ravenscourt Park the housing is a mix of terraces and flats, with enquiries that tend to resemble those from Fulham.
Planning applications in the borough go to Hammersmith and Fulham Council. A large regeneration site and a single rear extension are both assessed for daylight and sunlight against the BRE guide, but neither assessment touches rights of light. Those belong to the neighbouring owner as a private easement, which means a granted application leaves the question open and the owner free to take their own legal advice.
Who we help in Hammersmith and Fulham
Neighbours. Side returns and loft conversions are rarely thought of as rights of light matters until they are built. We can review the plans, measure your windows and tell you where you stand.
Developers. On a terraced street one extension can affect several neighbours. We identify the windows at risk, model the scheme against them and advise whether to amend the design, seek a release or insure the risk.
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 Hammersmith and Fulham 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. Hammersmith and Fulham 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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Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Hammersmith and Fulham
If you need a daylight and sunlight assessment to support a planning application to Hammersmith and Fulham Council, see our daylight and sunlight assessment Hammersmith and Fulham page.
Areas we cover in Hammersmith and Fulham
Fulham | Shepherd’s Bush | Parsons Green | Brook Green | White City | Ravenscourt Park
Rights of light surveyors nearby
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