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Advice for Developers Concerned About Rights of Light

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

Services For Developers

Site visit

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

CAD model

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.

Internal surveys

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

Light report

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

Agreement

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 strive to provide our clients with the highest standard of service

Blue Sky Surveyors are a leading surveying practice that offer expert advice on all matters related to rights to light (common law) or daylight & sunlight for planning. We believe that providing all of our clients with a highly tailored, personal service helps us to deliver the best results possible.

We will work with you to achieve your goals whatever they may be. Through dedication and experience, we strive to provide our clients with the highest standard of service and delivery results in a timely fashion.

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Frequently asked questions

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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A right to light is an “easement” which is enjoyed by one property (the dominant party) and burdens another property (the servient party).
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.
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.
Anyone with a proprietary interest in a property.
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.
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.

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We will be in touch to discuss your situation within one working day, free of charge.

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