Rights of Light Surveyors Sevenoaks
We act for neighbours and owners around Sevenoaks, including Riverhead, Otford, Kemsing and Westerham, where rebuilds and large extensions are the usual cause of concern. Rights of light are a private legal matter that planning does not settle. Blue Sky Surveyors are London based and the first conversation is free.
Rights of light in Sevenoaks
House values in Sevenoaks are high and plots are generous, so the usual dispute is not about cramped terraces. It is a tear-down and rebuild that comes forward towards the boundary or a large two-storey extension beside a neighbour’s side windows. Green belt around the town restricts new land, so much of the activity is the extension and replacement of existing houses. Otford, Kemsing and Dunton Green see the same thing at smaller scale, with older houses standing beside much larger replacements.
When a proposal in Sevenoaks affects a neighbour, Sevenoaks District Council looks at daylight and sunlight using the BRE guide. It has no role in rights of light. If a neighbour has enjoyed light through a window for twenty years or more, that right exists whatever the council decides. A grant of permission does not extinguish it, so planning and the easement have to be considered as separate questions.
Who we help in Sevenoaks
Neighbours. A large extension or replacement house next door can be approved without your light being protected as a right. We can check your windows against the drawings and tell you where you stand.
Developers. Rebuilds and significant extensions are best checked before the drawings are fixed. We map the neighbouring windows that may carry a right to light and recommend how to handle each, from small design changes to a negotiated release.
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 Sevenoaks District 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. Sevenoaks District 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 Sevenoaks
If you need a daylight and sunlight assessment to support a planning application to Sevenoaks District Council, see our daylight and sunlight assessment Sevenoaks page.
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