Rights of Light Surveyors Solihull
Extensions and rebuilds on Solihull’s larger plots are the usual source of rights of light questions. Neighbours and owners in Shirley, Knowle, Dorridge, Olton and Balsall Common can ask Blue Sky Surveyors for advice. We work from London and carry out the site visit ourselves. We do not charge for the first conversation.
Rights of light in Solihull
Large detached and semi-detached houses on generous plots are the norm in Knowle, Dorridge and Olton. Solihull is an affluent suburban borough and owners there often extend or rebuild rather than move. That produces two-storey side and rear extensions and replacement houses placed close to a neighbour’s flank windows. Shirley is more densely built and Balsall Common more rural so the picture varies. Older houses standing beside larger new ones are the common thread.
Rights of light are outside the remit of Solihull Metropolitan Borough Council, which decides planning applications in the borough and looks at daylight and sunlight under the BRE guide when a proposal affects a neighbour. They belong to the owner of the neighbouring window and are a private matter. A permission from the council leaves them in place, which is why a neighbour can raise them after approval.
Who we help in Solihull
Neighbours. Notice of a large extension or rebuild next door does not tell you what it will do to your windows. We can work that out from the plans and explain the position in plain terms.
Developers. Where a rebuild or extension sits close to a boundary, we model the scheme against the neighbouring windows, flag any with a right to light and advise on the options before you submit.
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 Solihull Metropolitan Borough 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. Solihull Metropolitan Borough 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.
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Daylight and sunlight reports in Solihull
If you need a daylight and sunlight assessment to support a planning application to Solihull Metropolitan Borough Council, see our daylight and sunlight assessment Solihull page.