Maldon's mix of Tudor merchant buildings, Georgian high street housing, and Victorian terraces around the older streets creates a residential pattern dominated by buildings where the windows have received natural light for centuries, well beyond the 20-year easement threshold under the Prescription Act 1832. Conservation area schemes, infill new builds on cleared plots, and significant rear or side extensions to period housing all routinely raise rights of light issues with the immediate neighbours. Maldon District Council planning consent does not address that legal position.
We act on Maldon schemes from the Wickford office, with reach across Heybridge, Burnham-on-Crouch, and Tollesbury, supported by colleagues in London and Hampshire. CHP is RICS regulated and has been advising on rights of light since 2004. The local Essex team handles this work faster than London-led practices, and we can bring in our rights of light assessments overview for design teams new to the process.
Using specialist software, we can establish whether a proposed scheme will cause an infringement of the neighbouring properties’ rights of light.
By applying our knowledge on this matter, we are able to provide clear guidance on the best course of action, should an infringement occur.
The right time to instruct is early, before drawings go in for planning consent. On a Maldon project, that means commissioning the free initial assessment at the design stage, when changes to massing, height, or fenestration are still affordable. The appraisal identifies which neighbouring windows could be affected and which look likely to carry the 20-year easement, and a full rights of light analysis follows using specialist software where the appraisal flags a real risk.
Where the modelling shows likely infringement, the cutback analysis tests design variations including reduced ridge heights, set-back upper floors, and adjusted fenestration until the scheme works for both the planning case and the rights of light position. The Equivalent First Zone and the 50/50 rule are applied to quantify any loss. For Maldon schemes this often involves party wall services running alongside under the 1996 Act, and we coordinate both from the same point of contact.
I have employed CHP Surveyors on numerous rights of light and party wall matters over the last 10+ years. James, personally deals with all matters, whether big or small, providing comfort that my projects are highly valued and is personally dealt with by their director. James and his team have always worked well and professionally with our client side and contractor side teams, to conclude all matters in a expediate manner on our developments. I would thoroughly recommend CHP Surveyors as a Party Wall and Rights of Light Surveyor.
- Peter Whittingham, Akelius
Adjoining owners in Maldon have several options when faced with a nearby development that threatens the light through their windows. We assess the impact of the proposed scheme on the affected rooms, advise on the strength of the legal position under the acquired easement, and set out the available remedies including negotiation, formal objection to Maldon District Council, and ultimately court action where matters cannot be resolved between the parties.
Light Obstruction Notices can also be used to protect future development potential of the adjoining owner's own property. For developers, the same early assessment work avoids surprises during construction and gives certainty over the cost of any required release. A short free initial assessment is the quickest way to know where you stand.
Get in touch.
Head Office
2-6 Boundary Row
London, SE1 8HP
Essex Office
2-6 Boundary Row
London, SE1 8HP
020 3714 4090
Get in touch.
Head Office
2-6 Boundary Row
London, SE1 8HP
Essex Office
2nd Floor, 10 High Street
Wickford, Essex
SS12 9AZ
020 3714 4090
enquiries@chpsurveyors.com
