Rights of Light Surveyors Wiltshire
The surveyor who visits the site in Wiltshire is the one who writes the report. Blue Sky Surveyors cover the county from London for neighbours and developers in Swindon, Salisbury and Chippenham and in the market towns of Marlborough and Devizes. Talking a concern through with us first is free.
Rights of light in Wiltshire
Swindon is the biggest town in Wiltshire by some way and has the flats, mixed-use schemes and new estates that go with it. Salisbury and Marlborough are historic centres with tight streets, listed buildings and conservation areas where a modest extension changes a neighbour’s outlook. Chippenham, Trowbridge and Devizes are market towns with older terraces in the centre and fresh housing on the edges. The enquiries follow those lines: how close the buildings are and how long the windows have had their light.
Two authorities decide planning applications here. Wiltshire Council covers most of the county and Swindon Borough Council covers Swindon, so the local council in Wiltshire depends on the site. Both assess daylight and sunlight under the BRE guide where neighbours are affected but neither deals with rights of light. A right to light is a private easement between owners that carries on after planning permission is granted.
Who we help in Wiltshire
Neighbours. A new house or extension beside a long-standing window can reduce its light without breaching any planning rule. We will read the plans, tell you which windows are affected and explain your options.
Developers. Neighbours close by change the picture on any site. We build a 3D model, identify the windows that may carry a right to light and advise whether to amend the design, seek a release or insure.
Whether you are a Neighbour who is concerned about a development or a developer who wishes to address a right to light issue
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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 Wiltshire 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 Wiltshire 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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Office 7, 35-37 Ludgate Hill
London
EC4M 7JN
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Email: info@rightsoflightsurveyors.co.uk
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Daylight and sunlight reports in Wiltshire
If you need a daylight and sunlight assessment to support a planning application to the local council in Wiltshire, see our daylight and sunlight assessment Wiltshire page.
Areas we cover in Wiltshire
Swindon | Salisbury | Chippenham | Trowbridge | Marlborough | Devizes
Rights of light surveyors nearby
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