Basildon's mix of new town housing, post-war estates, and ongoing town centre regeneration creates a steady run of rights of light questions. Residential blocks built during the new town era frequently have windows that pass the 20-year easement threshold, which means infill, vertical extensions, and adjacent redevelopment can all trigger a legal claim from neighbouring owners. The Basildon Borough Council planning process does not address rights of light, so the legal position has to be worked through separately.
The team covers schemes across Pitsea, Laindon, Vange, and the wider Basildon area, with backup from offices in Wickford, London, and Hampshire. CHP has been delivering rights of light advice since 2004, has over 30 years combined experience, and is RICS regulated. The local Essex team handles this work faster than London-led practices, and where matters cross over with party wall services we run both in parallel.
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 starting point is a free initial assessment to identify which neighbouring windows could be affected and whether any have the requisite 20 years of enjoyment. From there, we use specialist rights of light software to model existing and proposed light levels, and a cutback analysis follows where the figures show a likely infringement. Risk is quantified using the Equivalent First Zone test and the 50/50 rule, with the results expressed in terms a design team can act on.
For Basildon, that work most often supports residential infill on garden plots, blocks of flats on cleared sites, and mixed-use redevelopment around the town centre. Where adjoining owners need protecting, we advise on Light Obstruction Notices and on the steps available to defend an existing right. Calls go through to a qualified surveyor rather than a call centre, and we can also bring in airspace development advice on rooftop extensions where it applies.
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
An infringement does not automatically stop a scheme, but it does expose the developer to either an injunction, which can require demolition or substantial alteration, or to a damages award based on a share of the development profit attributable to the loss of light. Most matters resolve through negotiation, with a release of rights agreed in return for a settlement payment to the adjoining owner.
Quantifying the position early gives the design team room to cut back massing, reposition windows, or restructure the upper floors before drawings are signed off. Where settlement is the right route, we handle the negotiation through to a deed of release and a clean position for the development to proceed. A free initial assessment is the quickest way to put a number on the risk.
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
