Rights of Light Surveyors Tower Hamlets
Blue Sky Surveyors advise on rights of light across Tower Hamlets, including Canary Wharf, Whitechapel, Bethnal Green, Bow and Wapping. We act for residents and owners next to a new scheme and for developers who want the position settled before they build. The first conversation is free.
Rights of light in Tower Hamlets
Tower Hamlets has the highest rate of new building in London and the rights of light questions follow it. Towers on the Isle of Dogs rise beside older low-rise blocks. In Whitechapel, Shadwell and Poplar dense infill flats are fitted onto small sites next to homes that have had their light for decades. Warehouse conversions in Wapping and Limehouse sit tight to their neighbours. In Bow the Victorian terraces mean that even a modest rear extension can take light from the house next door.
Planning applications in the borough are decided by Tower Hamlets Council. It will look at daylight and sunlight against the BRE guide, but it does not deal with rights of light. A right to light is a private easement belonging to the owner of the window. A planning consent next door neither removes it nor settles it. Developers are often caught out by that, because a consent in hand does not mean the light has been dealt with.
Who we help in Tower Hamlets
Neighbours. Residents who have had a planning notice or watched a crane go up nearby can send us the drawings. We will tell you whether your windows are likely to lose light and what your options are.
Developers. For infill blocks, towers and conversions we build the model, identify the neighbouring windows with a right to light and advise on amending the design, negotiating releases or arranging 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 Tower Hamlets 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. Tower Hamlets 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:
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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 Tower Hamlets
If you need a daylight and sunlight assessment to support a planning application to Tower Hamlets Council, see our daylight and sunlight assessment Tower Hamlets page.
Areas we cover in Tower Hamlets
Canary Wharf | Whitechapel | Bethnal Green | Bow | Limehouse | Wapping | Poplar | Shadwell
Rights of light surveyors nearby
London | Hackney | Newham | Canary Wharf | City of London | Shoreditch