Rights of Light Surveyors Putney
Blue Sky Surveyors act on rights of light matters in Putney, in the London Borough of Wandsworth. We work across East Putney, Southfields and Putney Heath, with Roehampton and Wandsworth Town nearby. Clients are neighbours worried about building work next door and owners planning a loft, side return or basement of their own. The first conversation is free.
Rights of light in Putney
Walk down almost any residential street in East Putney or Southfields and there is a loft conversion, a side-return infill or a basement dig either finished or under way. On a Victorian terrace the side return runs beside the neighbour’s kitchen window, which is often where a light question begins. The other source is flatted development along the Upper Richmond Road and the river, where taller buildings now stand close to older homes that have had their light for decades.
Wandsworth Council decides planning applications in Putney and looks at daylight and sunlight against the BRE guide when it does. Rights of light are outside its remit. A right to light is a private easement, normally built up over twenty years of uninterrupted enjoyment. A planning consent does nothing to remove it, so the council’s decision settles the planning position only. Any question of infringement is for the owner and their solicitor.
Who we help in Putney
Neighbours. A planning notice on a lamp post or scaffolding going up next door is the usual starting point. With the address and the drawings we can tell you whether your windows are likely to be affected and what the options are.
Developers. Loft, side-return and basement schemes in Putney often sit tight against a neighbour’s windows. We model the proposal, identify the windows at risk and advise before the design is fixed, including whether a release or insurance is the practical route.
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 Wandsworth 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. Wandsworth 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 Putney
If you need a daylight and sunlight assessment to support a planning application to Wandsworth Council, see our daylight and sunlight assessment Putney page.
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