Right to Light Surveyors London
We have been assisting Developers and Neighbouring Owners in Right to Light disputes for over a decade. From large commercial schemes in Central London to smaller infringements between neighbours, we have a wealth of experience.
What is a Right to Light?
A Right to Light is a negative easement and a legal right to a property. Usually established via prescription (20 years of use) under the Prescription Act 1832, if a nuisance is caused by neighbouring development, the injured party is able to seek remedy for their loss. They may wish to seek injunction over the offending structure, which creates a risk for the developer, however the dispute will typically result in a cash settlement.
Key Contact
Ben Salvage MRICS C.Build E MCABE
Director
Chartered Building Surveyor
Chartered Building Engineer
07515 441468
ben.salvage@blackacresurveyors.comOur surveyors are experienced experts in Right to Light matters, having specialized in this field for some of the largest real estate companies in the UK. We provide a comprehensive consultancy service for developers, design teams and adjoining owners. With our first rate technical abilities, we can quantify Right to Light liabilities and provide the best strategy.
Our focus for our developer clients is to mitigate their risk and create a best strategy approach for achieving this. Design steering is one potential option, and we often work with the design team, providing envelopes and advice to achieve maximum scheme potential.
We also work with legal and insurance specialists in this field and can provide a full package.
What is a Right to Light Survey?
A Right to Light Survey assesses whether a building or proposed development might interfere with a neighbour’s legal right to adequate natural light.
In the UK, the right to light is an easement, meaning a property owner may have a legal right to sufficient daylight reaching the windows of their property. If this light is blocked by a new development, the affected property owner can potentially claim compensation or seek an injunction to halt the construction.
The survey involves analysing the impact of the proposed development on the light that surrounding properties receive. This is done through specialist techniques, such as mapping and computer simulations, to measure the amount of daylight entering windows before and after the development. Surveyors use tools like the 45-degree rule or the Waldram diagram to assess whether a neighbour’s light will be obstructed.
These surveys are particularly important in urban areas where buildings are close together, and even minor changes to neighbouring structures can significantly affect light levels.
Advising Neighbouring Owners
We regularly provide help to property owners who are having their rights infringed by a development.
Typically a developer will want to reach an agreement over any Right of Light infringements they are causing, in order to remove this legal liability from their scheme. This will usually be in the form of monetary compensation.
Unfortunately it isn’t always this simple as developers will sometimes obtain Right of Light insurance and keep quiet about infringements, allowing them to press on with development. So it is important to be pro-active and raise the issue.
At Blackacre we appreciate the value of light, particularly to people in our cities. We have spent many years specialising in negotiation with developers seeking to ensure our clients receive a fair settlement for the loss experienced. Of course, if a property owners rights are infringed and a nuisance caused they are at right to seek injunction over the offending party, however this isn’t always the more practical solution.
Negotiation
Full correspondence with the developer | Our own independent review of technical analysis prepared by developer | Assessment and discussion or quantum of loss to your property | Negotiation of compensation | Formation of Heads of Terms | Review of agreement drawings
Advising Developers
We can provide full Right of Light assessment and advisory service for new developers and use the latest technology to collect root data and prepare a testing environment to get accurate results.
Our Right to Light assessments include;
Full technical 3d modelling and Right of Light testing using bespoke software | Assessment of Results to understand liability | Preparation of Right of Light report detailing full liability | Proposed strategy moving forward to best suit client | Negotiation with neighbouring owners to reach financial settlement
Right to Light – Five Important Considerations for Developers
Daylight & Sunlight
Right to Light matters should not be confused with the planning consideration Daylight & Sunlight assessments. More information can be found here.
If you are looking for Right to Light Surveyors in London and the surrounding area, please get in touch:
Call us: 0203 476 9561
Email: info@blackacresurveyors.com