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?
“We have used Blue Sky Surveyors for the past year due to the complexities presented to us by our neighbour’s extension. We have always been impressed by their helpful advice and actions taken to secure our rights. This resulted in our light infringement being upheld and acted upon. We are very grateful to have received their expertise and would recommend them without hesitation to anyone finding themselves in the same situation.”
Carol M. – Neighbour
“Very happy with everything. Helpful throughout. Really took the time to discuss our situation and made it easy to understand our options and provided solutions to us.
Answered every question we asked promptly and made the whole process easy for us.
10/10 for their excellent and quick service. ”
Kim F. – Neighbour
“We contacted Blue Sky Surveyors for a time-pressured development, and were impressed with the quality and speed of service provided. Very professional throughout, and genuinely interested in our plans. We will definitely come back for any future issues we have.”
Larissa M. – Developer
“Very pleased with their services easy to deal with and a very quick response to all my questions.”
Gary F. – Developer
“B&D Construction Services highly recommend Blue Sky Surveyors and rate their service as excellent!”
Ben B. – Developer
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.
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.
Still have questions? Call us for a free consultation on 020 7867 3956; 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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