Rights of Light Surveyors Stratford
Tall new-build schemes around the Olympic Park and Stratford town centre sit near Victorian terraces in Maryland. Blue Sky Surveyors advise on the rights of light that follow. We cover Stratford in Newham with nearby Bow, West Ham and Leyton. The first conversation is free.
Rights of light in Stratford
Stratford’s tall new residential towers stand close to older buildings. Their effect on light can reach a long way. The Victorian terraces in Maryland and Forest Gate have a different set of concerns: rear extensions and lofts on houses built tight against each other. Bow, West Ham and Leyton have a similar mix of terraces and larger blocks. A right to light depends on how long the window has had its light, so the age of the building matters.
Stratford falls to Newham Council for planning, while Bow and Leyton are in neighbouring boroughs with their own planning teams. Each assesses daylight and sunlight under the BRE guidelines and none of them decides rights of light. Those are a private easement between owners, which is why a scheme with planning permission can still need a release from a neighbour before it is built.
Who we help in Stratford
Neighbours. The tower going up near you may be consented, but that is a planning decision and not a ruling on your light. We can model the effect on your windows and tell you what the position is.
Developers. For tall schemes the neighbour list is long and the windows are many. We survey them, model the scheme and prepare a rights of light report that identifies who is affected and how, so design and strategy can be settled early.
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 Newham 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. Newham 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 Stratford
If you need a daylight and sunlight assessment to support a planning application to Newham Council, see our daylight and sunlight assessment Stratford page.