Introduction
When planning building work or making changes to the use of a property, it is important to understand whether planning permission is required. In some circumstances, a development may be lawful without the need for a formal planning permission application. However, establishing this can sometimes be difficult, particularly when the property has undergone previous alterations or its planning history is unclear.
A Certificate of Lawful Development provides formal confirmation of whether an existing or proposed use or development is lawful for planning purposes. It can offer greater certainty for homeowners, landlords, developers and prospective property buyers who need to establish the planning status of a building or proposed project.
The certificate is commonly referred to as a Lawful Development Certificate. It is issued by the relevant Local Planning Authority following an assessment of the facts, supporting evidence and applicable planning legislation.
Whether you are planning a home extension, converting a garage, constructing an outbuilding or seeking confirmation about work already completed, understanding the certificate process can help you make informed decisions before moving forward.
What Is a Certificate of Lawful Development?
A Certificate of Lawful Development is an official document issued by a Local Planning Authority to confirm that a particular use, operation or development is lawful for planning purposes.
It does not grant planning permission. Instead, it confirms whether the development or use described in the application is lawful under the relevant planning legislation.
There are two main types of certificate:
The correct application depends on whether the development has already started or is being proposed.
A certificate only relates to the specific development, use or operations described in the application. It is therefore important to provide an accurate description and supporting information that clearly establishes what the certificate is intended to cover.
When Might You Need a Certificate of Lawful Development?
A certificate may be useful whenever you need formal confirmation of the planning status of a property, building project or particular use.
Although it is not compulsory in every situation, obtaining one can help prevent uncertainty and provide useful documentation for future property transactions or development plans.
1. Before Carrying Out Permitted Development
Some home improvements can be completed under permitted development rights without submitting a full planning permission application, provided that the relevant conditions and limitations are satisfied.
However, determining whether a project qualifies can involve more than considering its general appearance or purpose. The property’s planning history, location, existing extensions and the precise details of the proposed work may all be relevant.
For example, you may be considering:
A proposed Certificate of Lawfulness can provide written confirmation from the Local Planning Authority that the specific development would be lawful if carried out as described.
This can be particularly useful before instructing contractors or committing to construction work.
2. To Confirm the Lawfulness of Existing Building Work
You may discover that previous building work was carried out without a planning permission document being available. This could involve an extension, conversion, outbuilding or other alteration completed by a previous owner.
An existing Certificate of Lawfulness application may help establish whether the development is lawful for planning purposes. Depending on the circumstances, this may be because planning permission was not required or because the relevant enforcement period has passed.
However, the age of the work alone does not automatically establish that it is lawful. The applicable legal tests and evidence must be considered carefully.
3. When Selling or Purchasing a Property
Uncertainty about the planning status of a property can create difficulties during a sale or purchase.
A buyer’s solicitor or mortgage lender may request documentation confirming that particular alterations or uses are lawful. This is especially relevant where a property has been extended or converted, and the original planning records are incomplete.
A Certificate of Lawful Development can provide formal evidence of the planning position for the specific development covered by the certificate.
If you are preparing to sell your property, obtaining the appropriate certificate in advance may help address planning-related enquiries and provide greater clarity during the conveyancing process.
4. To Establish Whether a Change of Use Is Lawful
A certificate can also relate to the use of a building or land rather than physical building work.
For example, you may wish to establish whether an existing use is lawful or whether a proposed change of use can take place without a planning permission application.
These cases can require careful consideration of how the property is currently used, the nature of the proposed activity and the relevant planning legislation.
The Two Types of Certificate Explained
Choosing the correct application type is an important part of the process. Submitting the wrong application or failing to describe the development accurately can create unnecessary complications.
Certificate of Lawfulness for Existing Development
An existing certificate is used where the development, use or relevant activity has already taken place.
The application asks the Local Planning Authority to establish whether the existing situation is lawful for planning purposes.
This may apply where:
The applicant must provide sufficient evidence to support the claim. Depending on the circumstances, this could include dated photographs, historical plans, property records, statutory declarations and other relevant documents.
The authority considers the evidence and applicable legal tests rather than whether the development would be acceptable on its planning merits.
Certificate of Lawfulness for Proposed Development
A proposed certificate is used before the development or change of use takes place.
It allows you to ask the Local Planning Authority to confirm whether the proposal would be lawful if carried out exactly as described.
This can be useful when you believe that a project falls within permitted development rights but want formal confirmation before starting work.
The application may relate to:
The authority assesses the proposed development against the relevant planning legislation and the information submitted.
If the certificate is granted, it confirms the lawfulness of the proposal as described, subject to the relevant legal provisions and any material changes in circumstances before the development begins.
What Evidence Is Required for an Application?
The information required depends on whether you are applying for an existing or proposed certificate.
Providing clear, accurate and relevant documentation is essential because the Local Planning Authority must have sufficient information to determine the application.
Evidence for an Existing Development
Where you are seeking confirmation that an existing development or use is lawful, the evidence should establish the relevant facts and circumstances.
Depending on the nature of the application, useful supporting documents may include:
The evidence should be consistent and sufficiently detailed to support the specific legal basis of the application.
It is not enough to provide a general statement that the development has existed for a long time. The information should clearly explain what happened, when it happened, and how the relevant requirements are satisfied.
Documents for a Proposed Development
For a proposed certificate, the application should clearly describe the work or change of use you intend to undertake.
Depending on the project, supporting documents may include:
The drawings and written description should accurately reflect the development you intend to carry out. Any significant difference between the submitted proposal and the work eventually undertaken could affect whether the certificate provides the intended protection.
How to Apply for a Certificate of Lawful Development
Although the application process is relatively straightforward in principle, preparing the correct information requires careful attention to detail.
The following stages provide an overview of what to expect.
Step 1: Establish Which Certificate You Need
First, determine whether you require an existing or proposed certificate.
If the development or use has already taken place, an existing certificate may be appropriate. If you want confirmation before starting work, a proposed certificate may be the correct route.
Understanding this distinction helps ensure that the application addresses the correct planning question.
Step 2: Review the Planning History
The property’s planning history can provide important information about previous permissions, approved drawings, conditions and earlier development.
Reviewing these records can help establish whether the existing or proposed development requires a certificate and identify any matters that need further investigation.
Step 3: Prepare the Drawings and Supporting Evidence
The next stage is to gather the documents required for the application.
For proposed work, this will generally involve preparing accurate drawings and a clear description of the development.
For existing development, the focus will be on gathering evidence that supports the claimed planning status. The documents should be organised and presented in a way that allows the Local Planning Authority to understand the application and assess the relevant legal requirements.
Step 4: Complete and Submit the Application
Once the required information has been prepared, the appropriate application form must be completed and submitted to the relevant Local Planning Authority. The application should identify the property, describe the development or use precisely and include the necessary supporting documents and applicable fee.
Applications can generally be submitted through the Planning Portal or directly to the relevant authority, depending on the available submission arrangements.
Step 5: The Council Assesses the Application
The Local Planning Authority will assess the application, taking account of the submitted evidence and the relevant planning legislation.
For an existing certificate, the authority considers whether the facts and evidence establish that the development or use is lawful. For a proposed certificate, it considers whether the development or use would be lawful if undertaken as described.
The authority may request clarification or further information if something is missing or unclear.
If the application is approved, the certificate will identify the development or use that has been confirmed as lawful.
Why Might a Certificate of Lawful Development Application Be Refused?
Submitting an application does not guarantee that a certificate will be granted. The Local Planning Authority must be satisfied that the relevant legal requirements have been met.
There are several reasons why an application may be unsuccessful.
Insufficient Supporting Evidence
For an existing certificate, the applicant is responsible for providing sufficient evidence to establish the claimed lawfulness.
If the documents do not adequately demonstrate the relevant facts, the authority may conclude that the application has not met the required legal test.
Inaccurate or Unclear Development Description
The application must clearly identify the development or use being considered.
If the description is too broad, incomplete, or inconsistent with the submitted plans, the authority may be unable to determine precisely what is being applied for.
Incorrect Application Type
Applying for an existing certificate when the proposal has not yet taken place, or selecting a proposed certificate for development that has already started, may result in complications.
Choosing the correct application route from the outset can help avoid unnecessary delays.
The Legal Requirements Have Not Been Met
The authority must consider the relevant planning legislation and the specific circumstances of the case. If the evidence does not establish that the development or use is lawful, the application may be refused.
A refusal does not necessarily mean that the development can never be authorised. Depending on the circumstances, it may be appropriate to review the evidence, consider whether a different application route is available or explore a planning permission application.
For further information about the options available where building work has taken place without the necessary permission, read our guide to Retrospective Planning Application: Everything You Need to Know.
What Is the Difference Between a Certificate of Lawful Development and Planning Permission?
Although both involve the Local Planning Authority, a Certificate of Lawful Development and a planning permission application serve different purposes.
Planning permission is required where a proposed development needs formal approval under planning legislation. The authority considers the planning merits of the proposal, including relevant policies and potential effects on the surrounding area.
A Certificate of Lawful Development, on the other hand, asks whether a particular existing or proposed development is lawful under the relevant legal provisions.
The authority does not assess whether a proposal is attractive, whether neighbours support it or whether it represents good design. The decision focuses on the legal status of the development or use.
It is important to understand that a certificate cannot be used as a substitute for planning permission where permission is required. If your proposal does not qualify as lawful, you may need to consider a planning application instead.
Does a Certificate of Lawful Development Replace Building Regulations Approval?
No. A Certificate of Lawful Development only confirms the planning lawfulness of the specific development or use described in the certificate. It does not confirm that building work complies with Building Regulations or remove the need to obtain any other relevant approvals.
For example, a proposed extension may qualify as permitted development and receive a Certificate of Lawfulness. However, the construction work may still need to comply with Building Regulations requirements relating to structural safety, fire safety, insulation and other technical matters.
It is therefore important to consider planning and Building Regulations as separate parts of your project.
How Expert Planning Consultants Can Help
Preparing a Certificate of Lawful Development application involves more than completing a form. You need to establish the correct application type, understand the relevant planning requirements, and provide information that clearly supports your case.
At Expert Planning Consultants, we can help you assess your circumstances and identify the most appropriate route for your project.
Our support can include:
Whether you need to establish the lawfulness of previous building work or obtain confirmation before starting a proposed development, professional guidance can help you approach the application with greater clarity.
Frequently Asked Questions
Is a Certificate of Lawful Development the same as a Lawful Development Certificate?
Yes. The terms are commonly used to refer to the same type of planning certificate. Its formal application types are a Certificate of Lawfulness of Existing Use or Development and a Certificate of Lawfulness of Proposed Use or Development.
Do I need a Certificate of Lawful Development for permitted development?
You do not always need one. However, you may choose to apply for a proposed certificate to obtain formal confirmation that your planned work is lawful under permitted development rights.
Can I apply for a certificate after building work has been completed?
Yes. You can apply for an existing Certificate of Lawfulness to establish whether completed building work or an existing use is lawful for planning purposes. You will need to provide sufficient supporting evidence.
How long does it take to obtain a Certificate of Lawful Development?
The statutory determination period is generally eight weeks for a valid application. However, the actual time taken can vary depending on the circumstances, the completeness of the submission and whether the Local Planning Authority needs further information.
Can a Certificate of Lawful Development be used when selling a property?
Yes. It can provide formal confirmation of the planning status of the specific development or use covered by the certificate. This may be helpful when responding to enquiries from prospective buyers, solicitors or mortgage lenders.
What happens if my application is refused?
If your application is refused, you should review the reasons given by the Local Planning Authority. Depending on the circumstances, you may be able to provide further evidence, submit a revised application or consider an alternative planning route. You may also have a right of appeal.
Does a Certificate of Lawful Development expire?
A certificate does not generally have a fixed expiry date. However, its effect is limited to the development or use it describes. A proposed certificate may also be affected by a material change in relevant circumstances before the development begins.
Get Professional Advice on Your Certificate of Lawful Development
Obtaining a Certificate of Lawful Development can provide important clarity about the planning status of an existing or proposed project. Whether you are seeking confirmation for completed building work or want to establish whether your planned development can proceed without planning permission, choosing the correct application route and preparing the right supporting information are essential.
Contact Expert Planning Consultants to discuss your Certificate of Lawful Development requirements. Our team can help you assess your circumstances, understand the relevant planning requirements, and prepare for the next stage of your project.