Certificate of Lawfulness - Everything you need to know

You may have heard about Certificate of Lawfulness applications from a neighbours planning application, or you may have been recommended to submit one by a consultant or your local Council. In this article, we provide you with the information you need to know about Certificate of Lawfulness applications, also referred to as Lawful Development Certificates.

What is a Lawful Development Certificate?

A Lawful Development Certificate is a legal document that can be used to confirm that an existing or proposed use, operation, or activity on a property is lawful. The first thing to know is that a Certificate of Lawfulness application is very different to a planning application.

There are two types of Lawful Development Certificates, which are as follows:

1. Proposed Use: If you have plans to carry out a development or change of use of a property, but you believe that this development or use is permitted via Permitted Development Rights, or isn't development, then you can apply for a Certificate of Lawfulness to confirm this. This can provide peace of mind that your proposal will be safe from enforcement action in the future.

2. Existing Use: If you have been using a property or land for a particular purpose for a continuous period of time, and you want to confirm that this use is lawful, you can apply for a Certificate of Lawfulness.

Certificate of Lawfulness Proposed Use

The requirements for the two Certificate of Lawfulness applications are very different, so we will take them in turn. Firstly, we start with the Certificate of Lawful Development Certificate for Proposed Use.

When would I use a Lawful Development Certificate Application for Proposed Use?

Achieving a Certificate of Lawfulness can be helpful for businesses and landowners alike.

If you are proposing to extend your home under under Permitted Development Rights, securing a Certificate of Lawfulness will give you peace of mind that your works would be inline with the requirements. A common example, is that Permitted Development Rights may have been removed from your property, a Certificate of Lawfulness application will confirm whether this applies to your property or not. It will also confirm if the proposed extension or conversion is in line with the different requirements on size, height, location and materials.

Businesses can also make use of Certificate of Lawfulness applications for Proposed Use. For example, if your business is looking to move into a new premises, the new Use Class E provides great flexibility for potential uses. However, there may be some restrictive planning conditions, and it is recommended that a Lawful Development Certificate is achieved to determine that the proposed use is lawful.

What information do I need for a Lawful Development Certificate Application for Proposed Use?

The level of information required will vary depending on the project. We recommend that Certificate of Lawfulness Applications include a site location plan, scaled drawings, a supporting statement and any other information that may be relevant. If you intend to do works in line with Permitted Development Rights it is very important that your plans clearly comply with the different requirements. Minimal differences between what is allowed under Permitted Development Rights and what your plans show is often enough to get a refusal, which will cause delays and extra costs.

Certificate of Lawfulness Existing Use

When would I use a Lawful Development Certificate Application for Proposed Use?

Certificate of Lawfulness applications are often used to determine that a use or works have become lawful over a period of time. Depending on the works or change of use, this is currently judged against the 4-year or 10-year rule (see here).

Common examples include converting a garage, outbuilding, or annexe into an independent dwelling. If enough time has passed, it can become immune from enforcement action, and a Certificate of Lawfulness can confirm this. They are particularly useful if your local council has contacted you to asking you to stop using the building as an independent dwelling.

What information do I need for a Lawful Development Certificate Application for Existing Use?

The level of information required will vary on the project. We recommend that Certificate of Lawfulness Applications include a site location plan, scaled drawings, a supporting statement and any other information that may be relevant. If you intend to do works in line with Permitted Development Rights it is very important that your plans clearly comply with the different requirements. Minimal differences between what is allowed under Permitted Development Rights and what your plans show is often enough to get a refusal, which will cause delays and extra costs.

Lawful Development Certificate v Planning Permission

As we highlighted earlier, Lawful Development Certificate applications are different to planning applications, and before working out which one is best for you, it is worth seeking professional advice.

Firstly, a planning application is judged against the relevant planning policies and other material considerations. This includes matters of design, location, amenity, and its impacts. A Certificate of Lawfulness application is assessed purely on the evidence submitted to the Council.

If you are proposing works in line with Permitted Development Rights, you are often better submitting a Lawful Development Certificate application. This is because the Council's policies on design matters are not taken into account. For example, some Councils have restrictive policies for dormer loft conversions, and can refuse planning applications for dormer loft conversions. If the same proposal is submitted as a Lawful Development Certificate application, then the Council cannot take into account design matters, and will only be looking to confirm if the proposal complies with the relevant Permitted Development Rights.

For other forms of development that are often unlikely to achieve planning permission, such as 'beds-in-sheds' or the conversion of buildings into residential uses in areas where planning permission isn't normally granted. If you have clear and convincing evidence that the uses have been going on long enough to avoid enforcement action (often referred to as the 4 and 10-year rule), then a Lawful Development Certificate for Existing use is likely to be the best option.

It is important to note that a previously refused planning application would not impact on your chances of successfully achieving a Certificate of Lawfulness application. Alternatively, if you have been refused a Lawful Development Certificate, but your proposal complies with the relevant planning policies, the fact that you failed to achieve a Lawful Development Certificate is unlikely to impact on your chances of success.

Lawful Development Fee

The Lawful Development Fee for submitting an application varies depending on the project, and if you are submitting an existing use application, or proposed use application.

The Lawful Development Fee for an existing use or operation is the same fee as a full planning application. For example, for a new dwelling the Lawful Development Fee is currently £578 for each house + a Planning Portal service fee.

The Lawful Development Fee for a proposed use is half the normal planning fee. For example, alterations or extensions to a single house, the Lawful Development Fee is currently £129 + a Planning Portal service fee.

The Government's Planning Portal provides a helpful fee calculator for all types of applications, and the application fee is confirmed by the Council at the time of your application.

Lawful Development Timescale

Lawful Development Certificate applications are expected to be determined within 8-weeks of them being validated by the Council. In some complex cases, the Lawful Development Timescale can be increased.

How Do I Make A Lawful Development Certificate Application?

Lawful Development Certificate applications can be submitted via the Government's Planning Portal. At Cedar Planning we have vast experience in dealing with Lawful Development Certificate applications, and can provide all of the relevant documentation as well as submitting and monitoring your application for you. Contact us today to find out how we can help you.