Rights of Light Surveyors London
Blue Sky Surveyors are rights of light surveyors working across Greater London, including Westminster, Camden, Islington, Hackney and Southwark. We act for neighbours whose windows face a new scheme and for developers who need the position understood before the design is fixed. The first conversation is free.
Rights of light in London
London has the densest rights of light market in the country. Victorian and Edwardian terraces back onto narrow gardens. Mansion blocks and mews houses share courtyards and light wells. Infill flats are then built on sites that neighbours have looked across for decades, while commercial towers rise beside older buildings and a single scheme can touch many neighbouring rooms. Most of our London instructions start with a planning notice, a hoarding going up or a letter from a developer’s agent.
Planning applications in London are decided by the London boroughs, each for its own patch. A borough will look at daylight and sunlight against the BRE guide when it reaches a decision, but none of them deals with rights of light. That is an easement between neighbouring owners. It carries on after consent is granted, so a permission on the file does not settle the question for the people next door.
Who we help in London
Neighbours. Owners of homes and offices facing a new scheme can send us the address and the planning reference. We will tell you quickly whether the windows are likely to be affected and what the options are.
Developers. Developers get a 3D model of the scheme tested against the neighbouring windows before the design is fixed. We identify the rooms at risk and advise on changing the massing, seeking releases or insuring 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 my London borough 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. my London borough 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 London
If you need a daylight and sunlight assessment to support a planning application to your London borough, see our daylight and sunlight assessment London page.
Areas we cover in London
Westminster | Camden | Islington | Hackney | Tower Hamlets | Southwark | Lambeth | Wandsworth | Kensington and Chelsea | Hammersmith and Fulham | Middlesex | Lewisham | Greenwich | Bexley | Bromley | Croydon | Sutton | Kingston | Richmond | Hounslow | Ealing | Harrow | Barnet | Enfield | Haringey | Newham | Havering | Kensington | Chelsea | Canary Wharf | Wembley | Balham | Romford | Tottenham | Stratford | Ilford | Edgware | Dalston | Brixton | Hayes | Merton | Waltham Forest | City of London
Rights of light surveyors nearby
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