If you are planning building work or need to confirm whether an existing development is lawful, you may be considering applying for a Lawful Development Certificate. One of the first questions you are likely to have is how much the application will cost and what you need to budget for.
The cost of a Lawful Development Certificate is not always the same. It depends on the type of certificate you require, the nature of the development and the supporting work needed to prepare your application.
There are also different expenses to consider. The fee payable to the Local Planning Authority (LPA) is separate from any professional fees for preparing drawings, reviewing planning information or managing the application.
Understanding these costs before proceeding can help you plan your budget and avoid unexpected expenses during the application process.
This guide explains what affects the cost of a Lawful Development Certificate, the different expenses you may encounter, and how professional planning support can help you prepare your application.
What Determines the Cost of a Lawful Development Certificate?
There is no single fixed fee for every Lawful Development Certificate application. The amount payable to the Council depends on the type of certificate and the relevant planning application fee category.
Generally, the application fee for a proposed Certificate of Lawfulness is lower than the equivalent full planning application fee. An application for an existing Certificate of Lawfulness is generally charged at the same rate as the equivalent planning application.
These distinctions are important because an existing certificate and a proposed certificate serve different purposes.
For example, if you are planning a house extension and want confirmation that it qualifies as permitted development before construction begins, you would generally apply for a proposed certificate. If the extension has already been built and you need to establish its planning status, an existing certificate may be appropriate.
The Council fee is calculated according to the relevant development category rather than simply charging the same amount for every certificate.
Before submitting an application, it is advisable to check the current fee guidance and confirm the correct category with the relevant Local Planning Authority.
Understanding the Two Types of Lawful Development Certificate
The type of certificate you require is one of the main factors affecting your application costs. There are two main categories, and choosing the correct one is essential.
Certificate of Lawfulness for Existing Development
An existing Certificate of Lawfulness 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 preparation of an existing certificate application can sometimes require additional work, particularly where the history of the development is unclear or supporting evidence needs to be gathered from different sources.
Certificate of Lawfulness for Proposed Development
A proposed Certificate of Lawfulness 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.
Although the Council application fee is generally lower for a proposed certificate, you may still need to budget for drawings, plans and professional assistance depending on the complexity of your project.
What Factors Affect the Overall Cost?
Although the Council’s application fee is an important part of the budget, it is not necessarily the only expense involved.
The overall cost will depend on the circumstances of your property and how much preparation is required.
1. The Nature of the Development
The type of project can affect the application fee and the information required.
For example, a proposed house extension, garage conversion, garden room or outbuilding may fall under different application categories depending on the details.
Similarly, an application concerning a change of use may require a different fee calculation and supporting information from one relating to physical building work.
The Council will need to understand exactly what development or use is covered by the application.
2. Architectural Drawings and Plans
Accurate drawings are often an important part of a Lawful Development Certificate application, particularly where the certificate relates to proposed building work.
Depending on the project, you may need:
If suitable drawings are already available, you may not need to commission a completely new set. However, they should be checked to ensure that they accurately describe the development being considered.
Where drawings need to be prepared or amended, architectural fees may form part of your overall budget.
3. Supporting Evidence for Existing Development
Applications for existing certificates can require additional preparation, particularly where the history of the development is unclear.
You may need to gather documents that establish when building work was completed or how long a particular use has continued.
Depending on the circumstances, this could include:
The more complicated the history of the property, the more time may be required to review and organise the supporting information.
4. Professional Planning Assistance
Some applications are relatively straightforward, while others involve more complicated planning or legal considerations.
If you are unsure which certificate to apply for, whether the development qualifies or what evidence is needed, you may benefit from professional assistance. A planning consultant can review your circumstances, assess the relevant planning requirements and help establish the appropriate application route.
Professional fees will depend on the level of assistance required. For example, you may only need an initial assessment, or you may require support with drawings, supporting documents and the submission process.
What Additional Costs Should You Consider?
When budgeting for a Lawful Development Certificate, it is important to look beyond the Council’s application fee.
Depending on your project, there may be other expenses to consider.
Architectural Drawing Fees
If you do not already have suitable plans, you may need to instruct an architect or designer to prepare them.
The cost will depend on the type of development, the number of drawings required, and whether the existing plans need to be measured or amended.
For a proposed extension or conversion, accurate drawings can help the Council understand the scope of the work and assess whether it meets the relevant planning requirements.
Planning Consultancy Fees
A planning consultant may assist with reviewing your proposal, assessing the planning history, identifying the relevant legal requirements and preparing the application.
The fee will depend on the complexity of the case and the services included.
For an existing development, for example, the consultant may need to review historical evidence and consider whether it adequately supports the claim that the development is lawful.
For a proposed development, the work may focus on checking the proposal against permitted development requirements and preparing the necessary supporting information.
Location Plans and Other Supporting Documents
A location plan identifying the property is generally required as part of the application.
Depending on the project, you may also need a site plan, block plan or other supporting documents.
If these are not already available in an acceptable format, there may be an additional cost to obtain or prepare them.
Planning Portal or Submission Charges
If you submit your application through the Planning Portal, check whether any applicable service charges are payable in addition to the Council’s application fee.
It is useful to distinguish between the Council fee and any separate online submission charges when reviewing your total budget.
Further Professional Advice
Some applications may involve matters that require additional specialist input.
For example, an existing development may have a complicated history, or the proposed work may need further technical clarification.
Additional advice or document preparation may therefore be required depending on the circumstances. These costs are not automatically part of every Lawful Development Certificate application.
Is a Lawful Development Certificate Worth the Cost?
A Lawful Development Certificate is not compulsory for every project, but it can provide valuable confirmation of the planning position.
If your proposed work is considered permitted development, obtaining a certificate can give you formal written confirmation from the Local Planning Authority that the specific development would be lawful as described.
This can be particularly useful before starting construction, especially where there is uncertainty about whether the proposal meets the relevant requirements.
An existing certificate can also be useful if you have completed building work and need to establish its planning status.
Greater Clarity Before Construction
Starting building work without establishing the planning position can lead to complications if the Council later determines that planning permission was required.
A proposed certificate can help address uncertainty before you commit to construction costs.
It is important to remember that the certificate only relates to the development described in the application. If the work changes materially, the certificate may not cover the revised proposal.
Useful Documentation When Selling a Property
A certificate can also help when selling a property.
Prospective buyers, solicitors or mortgage lenders may ask for evidence confirming the planning status of previous alterations or existing uses.
Having the relevant certificate available can help address these enquiries and provide a formal record of the planning position.
Avoiding the Wrong Application Route
Obtaining professional advice before submitting an application can also help you avoid paying for the wrong type of certificate.
For example, if your proposal does not qualify as permitted development, a proposed Lawful Development Certificate may not be the appropriate route. You may need to consider a planning permission application instead.
Establishing the correct approach at the beginning can help reduce the risk of unnecessary application costs and delays.
How to Manage Your Lawful Development Certificate Costs
Although some expenses are unavoidable, there are practical steps you can take to manage your budget.
Establish the Correct Application Type First
Before paying the Council fee, establish whether you need an existing or proposed certificate.
The distinction affects the fee calculation and the evidence required.
If you are unsure, obtaining advice before submitting the application can help prevent avoidable mistakes.
Check Your Existing Drawings and Documents
If you already have architectural drawings, previous planning documents or property records, gather them together before instructing further work.
Some of these documents may be suitable for your application, provided they are accurate and meet the Council’s requirements.
This could reduce the amount of additional preparation needed.
Prepare Supporting Evidence Carefully
For an existing certificate, organise your evidence and make sure it clearly supports the relevant dates and circumstances.
A well-prepared submission can make it easier for the Council to understand the case and assess the application.
Avoid relying on assumptions or incomplete records where stronger evidence may be available.
Check the Council Fee Before Submission
Planning application fees can change, and the correct amount depends on the application category.
Use the current government guidance or Planning Portal fee calculator to check the applicable fee before submitting your application.
You should also confirm whether any additional submission or professional charges apply.
How Expert Planning Consultants Can Help With Your Application
Working out the cost of a Lawful Development Certificate is only one part of preparing your application. You also need to establish whether the certificate is appropriate, what information is required, and how best to present your case.
At Expert Planning Consultants, we can help you assess your circumstances and identify the most suitable route for your project.
Our support can include:
The level of support required will depend on your circumstances. Once the scope of work has been established, you can understand which services are needed and the associated costs before proceeding.
If you are also considering whether your proposed work falls within permitted development rights, our guide to Permitted Development Rules provides further information.
Frequently Asked Questions
How much does a Lawful Development Certificate cost?
The cost varies depending on whether you are applying for an existing or proposed certificate and the type of development involved. The Council’s application fee is separate from any professional fees for drawings, evidence preparation or planning consultancy.
Is an existing Lawful Development Certificate more expensive than a proposed one?
It can be. An existing certificate generally attracts the equivalent full planning application fee, whereas a proposed certificate is generally charged at a reduced rate. The overall cost may also differ depending on the evidence and professional work required.
Do I have to pay the Council and a planning consultant separately?
Yes, where you choose to use a planning consultant, their professional fees are separate from the application fee payable to the Local Planning Authority. The services included in the professional fee will depend on the agreement and scope of work.
Are architectural drawings included in the Council application fee?
No. The Council’s application fee does not normally include the preparation of architectural drawings. If your application requires plans that you do not already have, you may need to pay separately for their preparation.
Can I apply for a Lawful Development Certificate myself?
Yes. You can submit an application yourself through the Planning Portal or the relevant Local Planning Authority’s application process. However, you must provide the correct forms, plans and supporting evidence. Professional assistance may be useful where the planning position or evidence requirements are complicated.
Do I need a Lawful Development Certificate if my extension is permitted development?
No, a certificate is not compulsory simply because you are carrying out permitted development. However, applying for one can provide formal confirmation that the specific proposed extension would be lawful.
Can I get a refund if my application is refused?
A refusal does not normally mean that the Council will refund the application fee. You should therefore establish the correct application route and prepare the supporting information carefully before submitting.
How long does it take to obtain a Lawful Development Certificate?
The standard determination period is generally eight weeks from the date a valid application is received by the Local Planning Authority. Further information requests or other circumstances may affect the process.
Plan Your Lawful Development Certificate Application
The cost of a Lawful Development Certificate depends on the type of application, the nature of the development and the level of supporting work required. While the Council fee is an important starting point, drawings, evidence preparation and professional assistance may also need to be included in your budget.
Establishing the correct application route before proceeding can help you understand the costs involved and avoid unnecessary work.
Contact Expert Planning Consultants to discuss your Lawful Development Certificate requirements. We can help you assess your project, understand the relevant application fees, and identify the support needed to move forward.