Rights of Light Surveyors Merseyside
Merseyside is made up of five metropolitan boroughs with a different rights of light picture in each. Blue Sky Surveyors act for neighbours and developers in Liverpool, Wirral, Southport, St Helens and Knowsley, covering the county from London and visiting site in person. The first conversation is free.
Rights of light in Merseyside
Merseyside’s housing stock varies enough that the rights of light picture differs by borough. Liverpool has dense Victorian terraces, Georgian townhouses in the older districts and a city centre taking on new residential and student buildings. Wirral and Southport are more residential, with Victorian villas and large houses where extensions and replacement dwellings come close to neighbours’ windows. St Helens and Knowsley mix older terraced streets with post-war estates. Whatever the borough, the question is the same: what a proposed building does to the light reaching an existing window.
Planning applications are decided by the local council in Merseyside covering the site, one of five metropolitan borough councils (Liverpool, Wirral, Sefton, St Helens and Knowsley). Each weighs daylight and sunlight against the BRE guide. None of them deals with rights of light, a private easement that a planning permission cannot extinguish. That question is for the property owner and their solicitor.
Who we help in Merseyside
Neighbours. Whichever of the five borough councils is handling the application, the rights of light position is the same. We can check your windows against the scheme and explain the options.
Developers. We model the scheme, visit the site ourselves and identify which neighbouring windows are at risk. You then choose between redesign, a negotiated release and insurance, with our advice on which suits the project.
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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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 local council in Merseyside 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 local council in Merseyside 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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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 Merseyside
If you need a daylight and sunlight assessment to support a planning application to the local council in Merseyside, see our daylight and sunlight assessment Merseyside page.
Areas we cover in Merseyside
Liverpool | Wirral | Southport | St Helens | Knowsley