Rights of Light Surveyors Portsmouth
Portsmouth is the most densely populated city outside London, so buildings sit close together and rights of light matter. Blue Sky Surveyors act for neighbours in Southsea, Fratton and North End as well as developers with sites across the city. There is no fee for an initial conversation.
Rights of light in Portsmouth
On Portsea Island the Victorian terraces were built tight, with small rear yards and little space between houses, so almost any extension has a neighbour’s window close by. Southsea and Fratton show this most clearly. We have reported on a matter in Southsea. Around the harbour at Gunwharf Quays and in the newer parts of the city the pressure comes from larger flatted and waterfront schemes, while Cosham to the north has suburban housing and infill.
Portsmouth City Council grants or refuses planning permission and reads daylight and sunlight against the BRE guide when it does. It does not adjudicate on rights of light. A right to light belongs to the neighbouring owner as a private easement and exists whatever the council decides, which is why the question is worth settling before work begins rather than after.
Who we help in Portsmouth
Neighbours. Where homes are packed this closely even a modest scheme next door can take a large share of the light from a room. We can tell you from the plans whether yours is likely to be affected and what the options are.
Developers. On Portsea Island almost every site has a neighbour close by. We model the proposal against the surrounding windows, identify those that may have a right to light and advise on redesign, a negotiated release or insurance.
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 Portsmouth City 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. Portsmouth City 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 Portsmouth
If you need a daylight and sunlight assessment to support a planning application to Portsmouth City Council, see our daylight and sunlight assessment Portsmouth page.