Rights of Light Surveyors Westminster
Westminster’s rights of light work is mainly commercial. Our office on Ludgate Hill is next door in the City. We act for owners and developers in Mayfair, Marylebone and Soho and for residents of listed terraces and mansion blocks in Pimlico and Maida Vale. We offer a free first conversation.
Rights of light in Westminster
In Mayfair, Marylebone and Soho much of the building stock is commercial. Offices, hotels and mixed-use blocks are redeveloped on tight sites beside buildings that have enjoyed their light for many years. One scheme can affect the windows of several owners at once, including offices, hotels and flats on the same street. Belgravia, Pimlico and Maida Vale add the residential side, with listed terraces and mansion blocks where several flats may look onto the same site.
Westminster City Council decides planning applications and applies the BRE guide to daylight and sunlight, as well as considering the setting of listed buildings and conservation areas. It does not decide rights of light, which are private rights attached to the neighbouring buildings. A planning consent from the council does not affect them. Any question about them is for the owners and their solicitors.
Who we help in Westminster
Neighbours. Owners and occupiers near a proposed redevelopment can have their windows assessed against the scheme, so they know what is affected before they talk to the developer. We act for the neighbouring side.
Developers. On a central London redevelopment the rights of light position can shape the massing. We model the scheme, identify the affected windows and advise on design changes, releases and 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 Westminster City 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. Westminster City 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 Westminster
If you need a daylight and sunlight assessment to support a planning application to Westminster City Council, see our daylight and sunlight assessment Westminster page.
Areas we cover in Westminster
Marylebone | Mayfair | Pimlico | Belgravia | Soho | Maida Vale | Paddington
Rights of light surveyors nearby
London | Camden | Kensington | Chelsea | Lambeth