Applying For A Certificate Of Lawfulness: A Step-By-Step Guide

A certificate of lawfulness, also known as a lawful development certificate (LDC), is a document that proves that the existing use of a building is lawful for planning purposes. It is not mandatory to have an LDC, but it may be required to prove that the use, operation, or activity named in it is lawful for planning control purposes. The process of obtaining an LDC involves submitting an application to the local planning authority or council, which will then decide on the lawfulness of the existing or proposed development. The application must include precise information and be accompanied by the relevant fee. Obtaining an LDC can provide peace of mind and protect against potential issues arising from changes in planning policies.

When to apply for a certificate of lawfulness

A Lawful Development Certificate (LDC) is not a legal requirement, but it is a useful document to obtain. It proves to local authorities and future buyers that your project was legal at the point of construction. This protects you in the event that planning policies change, and means you can start construction with confidence.

You should apply for a certificate of lawfulness if you meet the following conditions:

• You live in a house that is occupied only by your household and is not subdivided into flats or bedsits.
• You do not live on a classified road.
• You have an existing hard standing that has been in place since before 1 October 2008, or any new driveway or hard standing will use appropriate permeable or porous surfaces.
• You will not be erecting new gates, walls, fences, or other means of enclosure adjoining the highway that is more than one metre high.
• Your property is not a listed building, or you are not making any changes to gates, walls, fences, or other means of enclosure.
• You live in a conservation area but are not going to demolish a wall, fence, or other form of enclosure as part of the development.
• Your property does not have an Article 4 direction that restricts such works.
• To create a level access to the property from the crossover, you do not need to undertake significant excavation or embankment works.

You can apply for an LDC 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. An LDC is 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 the need for planning permission, but certain conditions must be met.

The size of the project, the height of the extension, the property type, existing alterations, and the amount of land available are all technical considerations that must be taken into account. Obtaining an LDC means you can have official documentation from your local authority that your build meets legal requirements.

How to apply for a certificate of lawfulness

A Lawful Development Certificate (LDC) is not a legal requirement, but it is a useful way to prove to local authorities and future buyers that your project was legal at the point of construction. It also protects you in the event that planning policies change.

You can apply for an LDC to confirm that the existing use of a building is lawful for planning purposes, or that a proposed use does not require planning permission. Anyone can apply to their local planning authority for an LDC. The application must include sufficient factual information and evidence for the local planning authority to make a decision, along with the relevant application fee.

If you are applying for an LDC for an existing use, you will need to provide precise information about what is being applied for and the land to which the application relates. If you are applying for a proposed use, you will need to describe the proposal with sufficient clarity and precision for the local planning authority to understand exactly what is involved.

You can apply for an LDC via the Planning Portal online application service. You can also obtain application forms from your local planning authority, and they can provide advice on the sort of information needed to support your application.

If your application is refused or is not determined within eight weeks, you can appeal to the Planning Inspectorate.

What to include in your application

The application for a Certificate of Lawfulness is similar to a planning application, requiring an application form, supporting evidence and documentation, a plan of the site, and the relevant fee. The application must be supported by sufficient evidence to persuade the authority that the certificate should be granted.

The application must include precise information about what is being applied for, and the land to which the application relates. The applicant is responsible for providing this information, and it must be accompanied by sufficient factual information/evidence for a local planning authority to decide on the application.

The application must include a description of the use, operations, or other matters for which it is granted, and if it falls within a "use class", the certificate must specify the relevant class. The description must be more than a title or label, and should spell out the characteristics of the matter so as to define it unambiguously and with precision.

The application must also include existing and proposed plans, including floor, elevation, and section plans, as well as evidence such as affidavits, bills, satellite images, rental agreements, council tax records, utility bills, invoices, certificates, service or repair bills, electoral register information, accounts, and more. The more evidence, the better.

It is also important to note that the application is not assessed based on its planning merits; the National Planning Policy Framework and Local Policies and Plans are not taken into account. The application is based on fact, evidence, and legal consideration.

What happens after submitting your application

After submitting your application for a Certificate of Lawfulness, the local planning authority will review it. They will consider the facts of the case and relevant planning law to determine whether the specific matter is or would be lawful. It is important to note that planning merits are not considered during this process.

The local planning authority may seek additional evidence to support your application. They may contact you to request further information or clarification. It is your responsibility to provide sufficient information to support your application. The authority may also consult with third parties, such as parish councils or neighbours, if they believe they possess relevant information about your application. However, they are not legally required to do so.

If your application is successful, the local planning authority will grant you a Certificate of Lawfulness. This certificate confirms that your existing or proposed use of land or buildings is lawful and does not require planning permission. The certificate will include specific details about the lawful use and may include conditions that must be complied with.

It is important to note that the Certificate of Lawfulness only applies to the lawfulness of the development under planning legislation. You still need to comply with other legal requirements, such as building regulations and conservation laws.

If your application is refused or not determined within the specified time limit (usually eight weeks), you have the right to appeal to the Planning Inspectorate. You can also appeal if your application is granted differently from what you requested. The appeal process does not involve a fee, and there is usually no deadline for lodging an appeal, except for appeals related to listed building certificates, which must be made within six months.

Benefits of obtaining a certificate of lawfulness

A Certificate of Lawfulness is a formal confirmation that you do not need planning permission for a certain type of development. It can be applied for when work has already been carried out without planning permission, or when you want to be certain that your proposal does not require planning permission.

There are several benefits to obtaining a Certificate of Lawfulness:

• Formal confirmation that your development is lawful: The certificate provides peace of mind that your development is lawful and complies with planning regulations. This can be especially important if there is any ambiguity or uncertainty about the lawfulness of your development.
• Avoid planning enforcement action: Having a certificate can protect you from potential planning enforcement action. Without a certificate, you may be subject to fines, penalties, or be required to reverse any unauthorised developments.
• Facilitate property sales: A buyer's solicitor may request to see a Certificate of Lawfulness before agreeing to a property sale. Obtaining the certificate in advance can help expedite the sale process and avoid unnecessary delays.
• Establish lawfulness of existing developments: If you have already carried out work without planning permission, the certificate can confirm that the work was lawful and within permitted development tolerances.
• Establish lawfulness of proposed developments: If you are planning future work, the certificate can provide legal confirmation that planning permission is not required. This can save you time and money in the long run by avoiding the need for planning applications and approvals.
• Mandatory requirement for certain developments: In some cases, obtaining a Certificate of Lawfulness is mandatory. For example, when establishing the lawfulness of an authorised development under permitted development rights.

Frequently asked questions