Rights of Light Surveyors South Wales
Specialist rights of light surveyors for South Wales, covering Cardiff, Newport, Swansea, Bridgend and Penarth. The law on rights of light is the same in Wales as in England. We act for neighbours and developers on either side of a scheme. We work from London and carry out the survey visit ourselves. The first conversation is free.
Rights of light in South Wales
South Wales has busy cities and long valley settlements. Rights of light questions turn up in both. Cardiff has Victorian terraces and a growing number of flats in and around the centre. Newport and Swansea are putting residential schemes on older commercial and waterfront sites. Penarth has large Victorian houses and newer flats close by. Bridgend and Cwmbran bring town centre sites and estates where infill meets existing homes. In each case the question is what a new building does to the windows next to it.
Under Welsh Government guidance and local development plans, the local authority in South Wales that decides your application still uses the BRE guide as the daylight and sunlight reference. Rights of light are outside its remit. The law is the same as in England: a private easement that a planning permission does not remove, with any claim a matter for the owner and their solicitor.
Who we help in South Wales
Neighbours. A scheme approved next door does not extinguish your right to light. Welsh planning guidance does not change that. We can assess your windows against the proposal and tell you what the options are.
Developers. Across the region we model schemes against neighbouring windows, identify those at risk and advise on amending the design, negotiating a release or insuring, whichever suits the site.
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 the local authority in South Wales 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. the local authority in South Wales 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 South Wales
If you need a daylight and sunlight assessment to support a planning application to the local authority in South Wales, see our daylight and sunlight assessment South Wales page.
Areas we cover in South Wales
Cardiff | Newport | Swansea | Bridgend | Penarth | Cwmbran