Rights of Light Surveyors Kent
We have worked in Longfield and Canterbury and cover the rest of Kent too, including Maidstone, Tunbridge Wells and Sevenoaks. Our clients are neighbours worried about a scheme and developers who want the position on light settled before they build. The first conversation is free.
Rights of light in Kent
Kent does not have one pattern. Canterbury and Tunbridge Wells have historic centres and older streets where new building lands close to existing windows. Dartford and Gravesend, on the Thames, see more flatted development. Medway has a mix of both, while Maidstone, Ashford and Tonbridge combine town centre redevelopment with housing on their edges. We have worked in Longfield, in Dartford borough, as well as Canterbury, so the range is familiar.
Twelve district councils and Medway between them decide planning applications in Kent, so which one applies depends on where the site is. In most of the county that is the district council in Kent covering the site. It will assess daylight and sunlight under the BRE guide, but rights of light fall outside its remit. They are an easement between neighbours that planning permission does not override.
Who we help in Kent
Neighbours. Planning drawings do not show you what a building will do to the light in your rooms. We work that out from your windows and the proposed scheme, then explain the options open to you.
Developers. Before you build, we model the proposal against the surrounding windows and flag those with a right to light that it would affect. We then advise on design changes, a negotiated release or insurance, depending on the scale of 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 the district council in Kent 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. the district council in Kent 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
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Daylight and sunlight reports in Kent
If you need a daylight and sunlight assessment to support a planning application to the district council in Kent, see our daylight and sunlight assessment Kent page.
Areas we cover in Kent
Maidstone | Canterbury | Tunbridge Wells | Sevenoaks | Medway | Dartford | Gravesend | Ashford | Tonbridge | Folkestone