Advice for Developers concerned about rights to light

  • Know the law.
  • Manage the risk.
  • Complete your project.

 services For Developers

  • Conducting a site visit to the proposed development site to assess the surrounding area and offer an initial overview of the likely risks.

     

  • Building a 3-D CAD model of the proposal and surrounding area; conducting a full rights of light study to fully understand the likely impacts.

     

  • Where necessary, conducting internal surveys of neighbouring properties to ensure the accuracy of the rights of light study.

     

  • Preparing a full rights of light report which details all potential risks and offers advice on the options for proceeding.

     

  • Negotiating with affected neighbours to try to reach an agreement to release their right to light in order to address the risk of a potential claim against the development.

     

“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.”

“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. ”

“Great experience – very professional”

We strive to provide our clients with the highest standard of service
Blue Sky Surveyors was started in 2016 when a few experienced rights of light surveyors realised that at most major practices, small and medium size 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.

If you have any queries, do not hesitate to get in touch us.

Frequently Asked Questions

5

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).
5

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.
5

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.
5

Who may have a right to light?

Anyone with a proprietary interest in a property.
5

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.
5

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.
“ADDRESS ANY RIGHTS TO LIGHT ISSUES FOR PEACE OF MIND”

We deliver a superior standard of work

Get in Touch

*Note - We will not share your personal details with any third parties, and you will not receive any email communication from us outside of direct correspondence in relation to your enquiry.

Our Location

Blue Sky Surveyors
Office 7, 35-37 Ludgate Hill
London
EC4M 7JN

Contact Information

Phone: +020 7867 3955
Email: info@blueskysurveyors.co.uk