Lawful Development Certificates

If your building is listed you may also need to make a Listed Building Consent Application.

Application for a Lawful Development Certificate for an Existing Use or Operation or Activity Including Those in Breach of a Planning Condition
Use this form for when the development has already taken place but did not receive planning permission. There are two instances in which you might apply for this type of Certificate.

1. If you would like formal confirmation that planning permission was not required as the work carried out was within the tolerances of Permitted Development.
2. If you believe the development is exempt from enforcement action due to the length of time that has elapsed since the structure was built or the operation/use commenced. All unauthorised structures (and also unauthorised use as a dwelling house or self-contained flat or maisonette) require a four-year period of proof, while all remaining unauthorised uses require a ten-year period of proof.

Application for a Lawful Development Certificate for a Proposed Use or Development
Use this form when a person wishes to find out whether any proposed use or operations would be lawful and therefore whether any planning permission is needed.

If granted a Planning certificate has the benefit of:

1. Giving you a decision which is legally binding, and where a development is lawful providing a defence against any planning enforcement; it also serves as acceptable proof to mortgage lenders and loan arrangers.
2. Providing a decision which will appear in the statutory planning register and be disclosed in land searches made on the property, which in turn will
3. Give subsequent owners certainty over the planning status of the particular development; and
4. Give you rights of appeal against a decision that the development is not lawful.

Application Forms & Guidance Notes