Wimbledon's high-value market dominates Merton, with Edwardian and Victorian terraced housing across Raynes Park, Mitcham, and Wimbledon Park, mansion blocks through Wimbledon Village, and significant ongoing redevelopment around Wimbledon town centre, Colliers Wood, and Morden. Almost all the older stock carries windows that have received natural light for well over the 20-year easement threshold under the Prescription Act 1832, which means town centre redevelopment, mid-rise residential schemes, and conversion projects all routinely raise rights of light questions. London Borough of Merton planning consent does not address that legal position.
We act on Merton schemes from the London head office, with reach across Wimbledon, Raynes Park, Mitcham, and Morden, supported by colleagues in Essex and Hampshire. CHP is RICS regulated and has been advising on rights of light since 2004. The London team handles this work with specialist focus, 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.
Every Merton project starts with a free initial assessment of the proposed scheme. We identify which neighbouring windows are likely to carry the 20-year easement and the points of the proposed massing most likely to cause an issue. A full rights of light analysis follows using specialist software, with existing and proposed light levels modelled and tested against the Equivalent First Zone and the 50/50 rule for each affected room.
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. For Merton that typically means Wimbledon town centre redevelopment, Colliers Wood mid-rise residential, mansion block additions in Wimbledon Village, and conversion projects on Edwardian housing. Where the work overlaps with the Party Wall etc. Act 1996, we coordinate party wall services from the same team.
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 Merton scheme, reduces risk on the London Borough of Merton 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. Where rooftop or upper-floor work is in play, we can also bring in airspace development advice from the same team.
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
