Rights of Light Surveyors West Midlands
Rights of light advice in the West Midlands, covering Birmingham, Coventry, Wolverhampton, Solihull and Walsall. Blue Sky Surveyors are London based and travel for the survey, acting for neighbours of proposed schemes and for developers who want the position settled before they build. The first conversation is free.
Rights of light in West Midlands
Birmingham is a regional centre and its city centre and fringes raise the questions found in any large city: tall residential blocks and conversions going up beside older buildings whose windows have had their light for decades. The converted workshops of the Jewellery Quarter are a good example. Coventry and Wolverhampton add city centre redevelopment and student housing, while Solihull is largely suburban, with extensions and replacement houses on established plots. Walsall and Dudley bring older town centres and terraced streets across the Black Country.
There is no single council for the region. The West Midlands has seven metropolitan borough councils, so the local council in the West Midlands that decides an application is the one for the borough the site is in. Each looks at daylight and sunlight under the BRE guide and none deals with rights of light, which remain a private easement that planning permission does not override.
Who we help in West Midlands
Neighbours. Anywhere in the region, send us the drawings for a tower, conversion or extension that concerns you. We will look at the windows involved, tell you whether the light is likely to be reduced and set out what you can do.
Developers. We build a 3D model of the scheme and identify the windows with a right to light that may be affected. We then recommend a route: 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 local council in the West Midlands 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 local council in the West Midlands 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 West Midlands
If you need a daylight and sunlight assessment to support a planning application to the local council in the West Midlands, see our daylight and sunlight assessment West Midlands page.
Areas we cover in West Midlands
Birmingham | Coventry | Wolverhampton | Solihull | Walsall | Dudley