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Rights of Light
A Right to light assessment establishes whether a proposed scheme will have an impact on the light enjoyed by the neighbouring properties. Establishing the rights of light impact at an early stage can assist in massing design.
We can provide advice to neighbours of a development on how the proposals may impact the light enjoyed by their property.
Rights of Light
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.
Services Provided
- Initial Site Appraisal
- Rights of Light Analysis + Cutback Analysis
- Rights of Light Report
- Rights of Light Negotiations
- Transferred Right of Light
- Light Obstruction Notices
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
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FAQ
What is the difference between daylight and sunlight and rights to light?
Daylight and sunlight refer to a set of guidelines that are used by the Local Planning Authority, when considering planning applications. These are guidelines and relate only to habitable rooms. Rights of Light is an easement that any window can acquire, generally by being over 20 years old.
If a scheme has planning consent, can I object on a rights to light basis?
Planning does not consider rights of light and therefore even though a scheme may have been granted planning permission, it can still result in an infringement to a neighbouring properties right of light.
Can planning consent be granted if a daylight and sunlight report demonstrates that not all properties meet the recommended targets?
The numerical values in relation to daylight and sunlight are guidelines and there are many factors that need to be taken into consideration when reviewing the results of an analysis. As a result, it is not necessary that these are achieved in all instances.
When should I serve a party wall notice on my neighbour?
If the works require Notice to be served, then it is recommended that these are served at least 3 months prior to them being undertaken, although the minimum is 2 months for works to a party wall and one month in relation to excavations.
Can I prevent works under the Party Wall etc. Act 1996 being undertaken?
The Party Wall etc Act 1996 is an enabling Act to facilitate works, whilst ensuring appropriate protection is provided. If Notices are required, provided that the Act is complied with, the works cannot be prevented.
How long does it take for you to produce a daylight and sunlight report.
On average, we are able to undertake the required analysis and prepare the report within 2-3 weeks from instruction. It does however depend on the complexity of the project and the number of neighbouring properties that need to be assessed. We do advise of a turnaround time within our fee quotations.
I am concerned that my neighbour’s development will block my light. What can be done to protect my interests?
If it is considered that your light will be affected by a development, then we can write to the developer advising them of your concern and you are not prepared to accept this.
How much does it cost to undertake a daylight and sunlight assessment and produce the associated report?
We do not have a standard fee; we consider each individual project by reviewing the proposals for the site and the specific requirements. Our fee quotations are based on competitive hourly rates.
