Rights of Light and Daylight and Sunlight

news • News • Rights of Light and Daylight and Sunlight

We pride ourselves on our expertise in efficient and effective planning to optimise the potential of any given location, all while reducing risks associated with Right of Light and Daylight and Sunlight planning. Our unwavering dedication to our clients is rooted in our commitment to providing unparalleled service and expert advice, and we are dedicated to providing first-class solutions tailored to meet each project’s unique requirements. With our wealth of experience and deep understanding of the complexities involved, you can trust us to deliver results that provide you with a great outcome. Every time. 


What is Rights of Light and Daylight and Sunlight?


Rights of Light is a civil matter separate from daylight and sunlight amenity, as considered by Local Planning Authorities. Rights of light must, therefore, be considered even if the planning permission has been granted. It can affect both domestic and non-domestic properties – even non-habitable rooms are capable of enjoying a right to light.

Rights of light is one of the most difficult constraints for developers to overcome. As value and demand for space increases in our cities, landowners progressively build taller and closer to common boundaries, giving rise to disputes over access to natural light.

Whilst Daylight and Sunlight assessments are carried out before a development to measure both the impact and adequacy of natural light within surrounding buildings and the proposed.



How long do daylight and sunlight assessments take?


The assessment timescale will vary depending on the size and complexity of each project, but normally takes between five and ten working days.


What accreditations can I gain from daylight and sunlight assessments?


In addition to being a pre-requisite for the obtaining of planning consent for a development, our consultants can also provide assessments and reports to support BREEAM accreditation.


What will our Daylight and Sunlight Assessments will determine


When applying for planning permission, it’s important to consider the current and predicted levels of daylight, sunlight, and overshadowing on nearby properties. It’s also necessary to outline any steps that will be taken to minimize the expected impact of the development. In cases where there are ten or more new residential units, an assessment of the lighting within the new units and surrounding amenity areas is required to ensure that residents won’t experience poor lighting.


What do we do?


We collaborate with a range of stakeholders, including the client and design team, to ensure the project is a success. We provide all technical requirements for planning while also delivering on time and on budget.


Rights of light can be a constraint to development potential, but we have the knowledge to navigate through difficult rights of light restrictions. Our team is spearheaded by experienced Senior Associate Director, Desrine Oak, who has over twenty years of experience advising on party wall, rights of light and other neighbourly matters. Our services range from initial pre-acquisition advice, site appraisal and feasibility consideration, to mitigation, negotiations and resolution of Rights of Light matters.

Our extensive experience and unrivalled knowledge can meet the demands of all project sizes, throughout the UK.


Maximum envelopes and design advice


We can help clients and designers maximise site potential by calculating the optimum development size. This is known as a maximum envelope. However, it is often possible to go beyond the maximum envelope, provided an appropriate right of light strategy is put in place. This may include reaching agreements with affected neighbours or putting insurance in place to cover potential claims.


Who do we work with?


Our approach involves close collaboration with lawyers and insurance brokers, enabling us to deliver targeted strategic advice that effectively addresses Rights of Light risks. Our comprehensive solutions are designed to manage these risks appropriately, while our expert guidance helps clients navigate potential pitfalls and identify the best course of action. We secure Rights of Light agreements for our developer clients with their affected neighbours. We also provide expert assistance to adjoining owners affected by neighbouring developments with their Rights of Light claims.


Our Services


To discuss how we can advise and support your needs, please get in touch with Desrine Oak, Senior Associate Director.

To visit our Rights of Light and Daylight and Sunlight service page, click here.