Lawful Development Certificates

If you need a formal decision on whether existing or proposed development is lawful, you can apply for a Lawful Development Certificate.

There are two types:

• Certificates of Lawful Existing Use or Development
• Certificates of Lawful Proposed Use or Development

These applications are not about planning merit. We decide these applications only on evidence, facts and legal considerations.

The usual processing time for a certificate is 8 weeks.

Certificates of Lawful Existing Use or Development 

A Certificates of Lawful Existing Use or Development confirms that an existing use, building, or activity is lawful because enough time has passed for enforcement action to no longer be taken

Getting a certificate confirms that the development is lawful and protects it from enforcement action. The certificate will set out exactly what is lawful and include a plan showing the land or buildings it covers.

If the application is refused, you may need to make a retrospective planning application, and the council may consider enforcement action.

Certificate of Lawful Proposed Use or Development

A Certificate of Lawful Proposed Use or Development confirms whether a future use or development would be lawful. This can show:

• whether planning permission is needed
• whether the proposal is permitted development
• whether it is lawful for another legal reason
  

Approval means the proposal would be lawful if carried out exactly as described.
If we refuse the application, you may need planning permission.

Making an application

You must apply on the correct planning forms and include enough factual information for us to make a decision.

It is your responsibility to provide clear and precise evidence to show that the certificate should be granted. We decide applications on the ‘balance of probability’.

Evidence may include:

• sworn statements
• photographs
• utility or council tax records
• plans and drawings
• historical documents

If you do not provide enough evidence, we are likely to refuse your application. You can apply again later if you have stronger evidence.

Look at the making an application page for advice on submitting your proposal for more information.

It is a criminal offence to give false or misleading information, use false documents, or hide important facts to get a certificate. Penalties include a fine of up to £5,000 in the Magistrates’ Court, or up to two years in prison, an unlimited fine, or both in the Crown Court.

If your application is refused

If your properly made application is refused, only partly approved, approved in a different form, or not decided within eight weeks, you can appeal to the Secretary of State for Communities and Local Government.

Revoking a certificate

If you provide false information, use false documents, or withhold important details, the council can revoke the certificate. If this happens, the owner or occupier may face immediate enforcement action to fix what will usually be a breach of planning control.

You cannot appeal a revocation to the Secretary of State. However, you can challenge the decision in the High Court if you believe the council acted unreasonably. You must start any legal action within three months of the decision, and you should get legal advice before taking the case to court.