Rights of Light Surveyors Suffolk
We take on rights of light work in Suffolk, including Ipswich, Bury St Edmunds, Lowestoft, Newmarket and Felixstowe. Owners worried about a nearby building site and developers weighing up a design can both begin with a free first conversation to establish where they stand on light.
Rights of light in Suffolk
Suffolk has fewer large schemes than the counties nearer London, so the rights of light work here is more varied and often smaller in scale. Ipswich has the busiest centre and the waterfront, with flats and commercial buildings going up beside older streets. Bury St Edmunds has a historic centre where new building sits tight to its neighbours. Lowestoft and Felixstowe are coastal towns with seafront flats and older terraces. Newmarket and Haverhill are smaller settlements where extensions and infill houses are the typical cause.
Suffolk is covered by several councils. Ipswich Borough Council deals with the town itself, while East Suffolk, West Suffolk, Mid Suffolk and Babergh councils cover the rest, so the district council in Suffolk for the site will decide an application. Each looks at daylight and sunlight under the BRE guide. None looks at rights of light, which are a private easement that planning permission leaves in place.
Who we help in Suffolk
Neighbours. We can assess a neighbouring proposal as soon as the drawings are public, comparing the new building with your windows. You get a view on whether your light is likely to be affected and on the options that follow.
Developers. For a seafront block, a town centre site or a large house extension, we model the proposal against the surrounding windows and highlight any with a right to light that would be affected. We then advise on redesign, release or 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 the district council in Suffolk 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 district council in Suffolk 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 Suffolk
If you need a daylight and sunlight assessment to support a planning application to the district council in Suffolk, see our daylight and sunlight assessment Suffolk page.
Areas we cover in Suffolk
Ipswich | Bury St Edmunds | Lowestoft | Newmarket | Felixstowe | Haverhill