Applying For A Lawful Development Certificate: A Guide

A lawful development certificate is a legal document that confirms whether an existing or proposed development is lawful for planning purposes. It is not a legal requirement, but it can be incredibly worthwhile to obtain one. The certificate proves to local authorities and future buyers that your project was legal at the point of construction, which can protect you in the event that planning policies change.

There are two types of certificates: Certificates of Lawful Existing Use or Development (CLUED or CLEUD) and Certificates of Lawful Proposed Use or Development (CLOPUD). To apply, you must submit an application with sufficient factual information and evidence to your local planning authority, along with the relevant application fee. Applications can be obtained from the local planning authority and can be completed by the applicant or someone working on their behalf.

The two types of lawful development certificate

There are two types of lawful development certificates (LDCs):

Certificate of Lawfulness (Proposed)

This certificate is for when you want to be certain that your proposal does not require planning permission. It is a formal and legal document confirming that you can undertake the work on your property lawfully.

For example, certain alterations to your property such as small extensions, conservatories, or loft conversions do not require planning permission. By applying for this certificate, you are seeking confirmation that planning permission is not required.

Certificate of Lawfulness (Existing)

This certificate is for when you want to be certain that the existing use of a building is lawful for planning purposes.

For instance, you may have extended your property without planning permission but would like formal confirmation that it was not required as it was within the tolerances of permitted development. Alternatively, you may have extended your property over four years ago and would like confirmation that it is now exempt from enforcement action.

Applying for a Lawful Development Certificate

Applying for a lawful development certificate is a lot like applying for planning permission, but with less stress over potential rejection. The application must be accompanied by sufficient factual information/evidence for a local planning authority to decide on the application, along with the relevant application fee.

Once your application has been submitted, you can expect to wait up to 8 weeks for a decision. If a decision is not reached within this time limit, you can make an appeal.

When you need a lawful development certificate

A lawful development certificate is not a legal requirement, but it is incredibly worthwhile to obtain. It proves to local authorities and future buyers that your project was legal at the point of construction. This is especially useful when it comes to using your permitted development rights.

Permitted development rights are a government scheme that entitles some homeowners to expand their homes without planning permission. However, certain conditions must be met to qualify. These include the size of the project, the height of the extension, the type of property being modified, existing alterations, and how much land is available.

Obtaining a lawful development certificate means you can have official documentation from your local authority that your build meets legal requirements. This is important because if you start construction without a lawful development certificate, you put your home at risk. Many future buyers will be wary of purchasing an extended property if there is no proof the build was legal. If your extension is found to be too big or your loft design is outside the guidelines, you can face hefty fines or even be made to demolish the work.

You can apply for a lawful development certificate if you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission. It is not compulsory to have one, but there may be times when you need one to confirm that the use, operation, or activity named in it is lawful for planning control purposes.

The application process

A Lawful Development Certificate (LDC) is not a legal requirement, but it is a useful document to obtain. It proves that your project was legal at the point of construction, protecting you in the event that planning policies change.

Firstly, you can apply to your local council for an LDC via the Planning Portal's online application service. You will need to provide a lot of evidence to support your application, including architectural plans and elevations, and a site location plan. An architect can help with this process. The more evidence you can provide, the better. Evidence might include:

• Sworn Affidavit (former and current owners, neighbours, etc.)
• Dated photos
• Satellite images
• ASTs or other rental agreements
• Council Tax Records
• Utility Bills
• Invoices for items supplied
• Certificates (e.g. gas, electric)
• Service or repair bills
• Electoral Register
• Accounts
• Building Control Final Inspection Certificate
• Valuation tax letter (VOA)
• Environmental health records
• Vehicle registration documents
• Builders or other trade invoices
• Leases
• Previous planning decisions

You will also need to supply a location plan to the correct scale, proposed and existing floor plans, and proposed and existing elevations as required.

Your application must provide sufficient information for the council to decide on it, or else it may be refused. You will also have to pay a fee. The fee is typically half the cost of full planning permission, but if you are obtaining a certificate retrospectively, you will need to pay double the fee.

Once your application has been submitted, you can expect to wait up to 8 weeks for a decision. If a decision hasn't been reached by this time, you can make an appeal. Only the person who applied for the certificate can make the appeal, and if it relates to a listed building, the appeal must be made within 6 months of the decision.

Evidence required

The evidence required to obtain a lawful development certificate will depend on the type of certificate being applied for. However, the onus is on the applicant to provide sufficient evidence to support their application. The evidence should be clear and convincing, and it should include factual information and/or evidence for the local planning authority to decide on the application.

For applications regarding existing use, the local planning authority will expect to see statements from persons with direct knowledge of the facts. These statements are normally required in the form of a 'sworn affidavit' and must be original documents. In some cases, letters or unsworn statements may be acceptable if there is additional documentary evidence to back up the statement.

Additional documentary evidence that can be provided includes:

• Building Control Final Inspection Certificate
• Copies of rent or account documents
• Council tax/valuation tax letter/statements
• Invoices or documentation indicating how long the development has been in existence
• Satellite images
• ASTs or other rental agreements
• Utility bills
• Invoices for items supplied
• Certificates (e.g. gas, electric)
• Service or repair bills
• Electoral Register
• Accounts
• Environmental health records
• Vehicle registration documents
• Builders or other trade invoices
• Leases
• Previous planning decisions

For applications regarding proposed development, the applicant needs to describe the proposal with sufficient clarity and precision to enable the local planning authority to understand exactly what is involved. This includes providing a location plan, proposed and existing floor plans, and proposed and existing elevations.

It is important to note that the local planning authority may choose to seek evidence from third-party sources, such as parish councils or neighbours, if they believe they may possess relevant information about the application.

Appeals

You can appeal a decision about a lawful development certificate (LDC) if you disagree with it or if the decision was not made within 8 weeks (6 weeks for work on a listed building). Do not appeal if you have already been given an enforcement notice, as you may have to pay additional costs. Only the person who made the LDC application can appeal, and if it relates to a listed building, the appeal must be made within 6 months of the decision.

Before making an appeal, you should enter into discussions with the local planning authority (LPA) and continue these during the appeal. You should only make an appeal when all else has failed.

There are three possible procedures for the determination of an appeal: written representations, hearings, and inquiries. The Planning Inspectorate will decide which procedure your appeal should follow, based on their criteria for determining the procedure. They will also take into account your views and those of the LPA.

The written representations procedure is normally the most straightforward way of making an appeal. The inspector will consider the LPA's reasons for refusing the application, your statement of appeal, any further representations, and comments from interested people. The inspector will usually visit the site.

The hearing procedure is likely to be suited to more complicated cases that require detailed discussion and questioning to establish the facts. The hearing may include a discussion at the site, or the inspector may visit the site without any discussion. If you ask for a hearing, you should explain why you think your appeal fits the criteria.

The inquiry procedure is the most formal of the appeal procedures and involves the investigation and formal testing of evidence, usually through expert witnesses. Parties may be formally represented by advocates, and evidence will sometimes be given under oath. The site may be visited before, during, or after the inquiry. If you ask for an inquiry, you should explain why you think your appeal fits the criteria.

You can apply for planning permission at the same time as appealing an LDC decision.

Frequently asked questions