Southampton's port city character draws together post-war reconstruction in the central area, Victorian and Edwardian housing in Portswood, Highfield, and the older suburbs, and modern waterfront developments around Ocean Village. Much of the older stock and the post-war housing carries windows that pass the 20-year easement threshold under the Prescription Act 1832, which means city centre redevelopment, mid-rise residential schemes, and significant infill all routinely raise rights of light questions. Southampton City Council planning consent does not address that legal position.
We act on Southampton schemes from the Hampshire office, with reach across Eastleigh, Romsey, and Hedge End, supported by colleagues in London and Essex. CHP is RICS regulated and has been advising on rights of light since 2004. The local Hampshire team handles this work faster than London-led practices, and we can pull in our rights of light assessments overview where it helps the wider design team understand 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 Southampton 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 under the Prescription Act 1832, and a full rights of light analysis follows using specialist software where the appraisal flags a real risk.
Where modelling shows likely infringement, the cutback analysis tests design variations including reduced height, 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. Where the work overlaps with the Party Wall etc. Act 1996, we coordinate party wall services from the same team, which applies across Hampshire as it does in Essex and London.
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
Resolving rights of light at the design stage protects the viability of a Southampton scheme, reduces risk on the Southampton City Council planning application, and avoids disputes with neighbouring owners once construction starts. Planning consent does not extinguish a legal right to light, so an adjoining owner can still pursue an injunction or damages even after the development has been approved. Quantifying the position early lets the design team adjust massing, height, or setbacks before drawings are signed off.
Where settlement is the right outcome, we negotiate a release of rights with the adjoining owner and structure the deal so the development can proceed cleanly. Most Southampton schemes also call for daylight and sunlight reports as part of the same planning submission, and we run both pieces of work from the same team to keep them aligned.
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
