Light Issues and the Party Wall Act

Thursday, 31st May 2012
Party Walls | Surveying

Many adjoining owners wrongly assume that a potential injury to their light is a matter that should be discussed by the appointed surveyors.

I say ‘wrongly’ because Section 9 of The Party Wall etc. Act 1996 makes it clear that nothing in the Act shall ‘authorise any interference with an easement of light or other easements in or relating to the party wall’.

That doesn’t mean that alterations to domestic properties cannot give rise to a claim for loss of light to neighbouring property only that it is not a matter that need concern the appointed surveyors.

If the proposed work requires planning consent the planning office will consider light issues and are guided by a document known as BRE209. Proposals will only be passed if they comply with the guidelines set out in that document. However, it is important to realise that even a project that has received planning consent has the potential to injure a neighbour’s light and give rise to a claim.

The distinction is covered in more detail in a recent post by our friends at right to light specialists Smith Marston LLP.

We found Peter Barry Surveyors via an AI search as we needed a party wall surveyor for a rather complex party wall rebuilding issue. Jaynell Mainoo handled our case and we are extremely happy with the service and the efficiency. We will definitely ask for Jaynell again if needed.
We recently used Peter Barry Chartered Surveyors to handle our party wall agreement and were extremely pleased with the service we received.

From start to finish, the team was professional, knowledgeable, and very responsive. They explained the party wall process clearly, kept everything moving efficiently.

Communication was excellent throughout, and we felt confident that everything was being handled properly and fairly for all parties involved.

I would highly recommend Peter Barry Chartered Surveyors to anyone needing party wall advice or surveying services.
Very pleased so far with Katie's thoroughness and support
Long may it continue!
We used Peter Barry Surveyors for a Schedule of Condition Report. The service was provided at short notice which we were extremely grateful for. Following our initial contact with Tracey Stephens who was really helpful to us, we had a visit from Argash Thasan arranged within a few days of our first contact. Argash provided us with a great service. He was polite, friendly, and professional, answered our questions clearly, and with knowledge and expertise of party wall matters. We received a thorough report and a detailed range of accompanying photos. We would highly recommend the services of Peter Barry Surveyors.
Would recommend them.
Peter Barry has been very professional throughout the process of conducting a level 3 building survey and feasibility report. The report itself was very detailed with plenty of images to support the text. We also had opportunity before and after to speak to the surveyor at length which was very helpful.
Call Now Button