Rights of Light Surveyors Richmond
In the London Borough of Richmond upon Thames we act for householders planning to extend and for neighbours worried about the light they stand to lose. We cover Twickenham, Teddington, Barnes, Kew and East Sheen. The first conversation is free and the site visit is done by the surveyor who writes the report.
Rights of light in Richmond
Richmond upon Thames is an affluent borough and much of its housing is extended rather than replaced. Rear and side extensions, roof conversions and the occasional full rebuild are routine in Twickenham, Teddington, East Sheen and Hampton. Conservation areas cover parts of Kew and Barnes among other places. They shape how a building can look but they do not govern how much light a neighbour keeps. A well-designed extension in a conservation area can still take the light from the room next door.
Planning applications are decided by the London Borough of Richmond upon Thames, which assesses daylight and sunlight against the BRE guide and weighs the effect on conservation areas. It does not deal with rights of light. Those are a separate legal right held by the neighbouring owner, so a consent from the council settles the planning position and leaves the legal one untouched.
Who we help in Richmond
Neighbours. Plans for the house next door can look modest on paper and still affect a ground floor window. We compare the drawings with your windows, tell you the likely effect and explain what you can do next.
Developers. Close neighbours and conservation area scrutiny are common in Richmond upon Thames. We check the effect on surrounding windows before the design is fixed, so rights of light can be dealt with by amendment, 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 London Borough of Richmond upon Thames 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. London Borough of Richmond upon Thames 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 Richmond
If you need a daylight and sunlight assessment to support a planning application to London Borough of Richmond upon Thames, see our daylight and sunlight assessment Richmond page.
Areas we cover in Richmond
Twickenham | Barnes | Teddington | Kew | East Sheen | Hampton | Mortlake