Rights of Light Surveyors Stockport
Blue Sky Surveyors act from London on rights of light matters in Stockport and its suburbs, including Bramhall, Cheadle, Marple, Heaton Moor and Hazel Grove. We carry out each survey visit personally, for neighbours of large extensions and rebuilds and for developers. Your first conversation with us is free.
Rights of light in Stockport
Stockport’s suburbs are affluent and owners there invest in their houses. Bramhall, Cheadle, Heaton Moor, Marple and Hazel Grove see large rear and side extensions, loft conversions and full rebuilds of older houses, often on plots where neighbours are only a few metres away. Those schemes can take light from windows that have had a clear view of the sky for decades. In the town centre, regeneration brings flats and larger buildings next to older commercial premises and homes.
Applications in the borough go to Stockport Metropolitan Borough Council. Officers there consider daylight and sunlight with reference to the BRE guide, which is the planning standard. Rights of light are not part of their remit. The right belongs to the neighbouring owner as a private easement and continues after planning permission is granted, so the two are dealt with separately.
Who we help in Stockport
Neighbours. A large extension or rebuild next door can remove light you have had for years without anyone mentioning it. We can read the plans, check your windows and tell you whether a right to light is likely to be affected.
Developers. Owners and builders planning a large extension or rebuild should know which neighbouring windows have rights before drawings are finalised. We establish that and set out the choices, which include redesign, release and 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 Stockport 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. Stockport 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.
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:
Book a Consultation
We deliver a superior standard of work
Get in Touch
We will be in touch to discuss your situation within one working day, free of charge.
Our Location
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
Contact Information
Email: info@rightsoflightsurveyors.co.uk
Get Social with us
Daylight and sunlight reports in Stockport
If you need a daylight and sunlight assessment to support a planning application to Stockport Metropolitan Borough Council, see our daylight and sunlight assessment Stockport page.