Rights of Light Surveyors Waltham Forest
Blue Sky Surveyors advise on rights of light across the London Borough of Waltham Forest, including Walthamstow, Leyton, Leytonstone, Chingford and Highams Park. We act for neighbours living beside extensions and new flats and for owners and developers who want the position settled before they build. The first conversation is free.
Rights of light in Waltham Forest
Much of Walthamstow and Leyton is Victorian terrace housing. Many of the houses have been extended already. Side return extensions, rear additions and loft conversions all bring new walls nearer a neighbour’s kitchen window, which is where a lot of enquiries begin. Chingford is different, with suburban semis where the usual cause is a deep two-storey rear extension beside the adjoining house. Around Walthamstow Central and Blackhorse Road the pressure comes from flatted schemes rising next to older houses that have had their light undisturbed for decades.
Waltham Forest Council decides planning applications in the borough. Its officers look at daylight and sunlight against the BRE guide, but a right to light is not part of their remit. It is a private easement between neighbouring owners and a planning permission does not remove it. Owners often learn this only after the consent has been granted and the builders have arrived.
Who we help in Waltham Forest
Neighbours. A planning notice through the door or a skip outside next door is usually what prompts the call. Give us the address and the plans and we will tell you if your windows are likely to lose light and what you can do about it.
Developers. Owners extending a terrace and developers bringing forward flats can have the proposal modelled against the neighbouring windows before the design is fixed. Each room at risk is identified and the options set out, among them amending the scheme, negotiating a 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 Waltham Forest 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. Waltham Forest 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 Waltham Forest
If you need a daylight and sunlight assessment to support a planning application to Waltham Forest Council, see our daylight and sunlight assessment Waltham Forest page.
Areas we cover in Waltham Forest
Walthamstow | Leyton | Leytonstone | Chingford | Highams Park
Rights of light surveyors nearby
London | Hackney | Haringey | Newham | Walthamstow | Tottenham