Rights of Light Surveyors Wolverhampton
Tettenhall and Penn on one side and a regenerating city centre on the other give Wolverhampton a wide range of rights of light work. Blue Sky Surveyors act for neighbours and developers in the city, including Wednesfield and Bilston, covering it from London. Your first conversation with us is free.
Rights of light in Wolverhampton
Wolverhampton gives us three kinds of work. The Victorian terraces near the centre were laid out with little space between houses, so an extension or conversion presses hard on a neighbour’s rooms. Tettenhall and Penn have larger houses on bigger plots, where the issue is usually a substantial rear extension or a replacement dwelling. City centre regeneration is the third, with new buildings going up beside older property. Wednesfield, Bilston and Compton bring a more mixed suburban picture.
City of Wolverhampton Council decides planning applications for the whole city and considers daylight and sunlight against the BRE guide when it does. It has no role in rights of light. They are a private right held by a property owner and they carry on after permission is granted, so a scheme can be approved and still raise a rights of light problem.
Who we help in Wolverhampton
Neighbours. Not every building next door takes light but a taller or deeper one can. We read the plans against your windows and tell you what is at risk and what your options are.
Developers. A city centre site and a house in Tettenhall can both carry rights of light constraints that only show up late. We model the scheme early, identify the neighbouring windows involved and advise on design changes or a release.
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 City of Wolverhampton 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. City of Wolverhampton 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 Wolverhampton
If you need a daylight and sunlight assessment to support a planning application to City of Wolverhampton Council, see our daylight and sunlight assessment Wolverhampton page.