How to apply for a Certificate of Lawfulness?

Permitted Development Overview

Permitted Development allows you to make minor changes to your house, such as loft conversions, side extensions, rear extensions, and garage conversions, without needing planning permission. These rights were established by the 1995 Town and Country Planning Act (General Permitted Development) Order 1995, Article 3. Since then, several amendments have been made to these rights. At 4D Planning, we can advise you on what constitutes permitted development and what requires planning permission.

Typically, permitted development rights apply only to houses and exclude flats, maisonettes, or other buildings. They also do not cover houses in conservation areas or listed buildings.

Recent Developments in Residential Extensions

Recent changes now allow single dwellings to extend at the rear up to 8m for detached houses and 6m for other houses, in non-conservation areas. Extensions of more than one storey remain unchanged. To proceed, you must apply for Prior Approval (neighbours consultation scheme), which gives neighbors a chance to comment. If no objections arise, the proposal will be approved within 42 days. This scheme is valid until 30 May 2019. Therefore, if your extension exceeds 3m depth for semi-detached or terraced houses, you must obtain Prior Approval from the Council and complete construction by 30th May 2019.

The government has also updated PD rights to allow extensions to shops, professional/financial services, and industrial units up to 100 sq m without planning permission. These extensions can reach the property boundary (excluding residential boundaries) in non-conservation areas. Like other extensions, these require Prior Approval, typically processed within 42-56 days.

Converting Offices and Shops

Recent allowances now permit converting offices and shops into residential units under the Prior Approval application process. Since 2014, 4D Planning has secured permission for numerous conversions across the UK. If you’re considering a similar project, we offer a free phone consultation and a free quote for our services.

4D Planning’s consultants can help determine if your proposed extension falls under Permitted Development or requires planning permission. If it falls under Permitted Development, we recommend applying for a “Certificate of Lawfulness” or “Prior Approval”. We will prepare all necessary documentation and architectural drawings to meet local council requirements.

Contact Us

We look forward to assisting with your planning and architectural needs. For a free consultation and free quote, please get in touch.

Permitted Development Rights Withdrawal

Local planning authorities may remove some permitted development rights through an Article 4 direction. This requires submitting a planning application for work that normally does not need one. Article 4 directions are common in conservation areas. If your property is affected, you will likely know, but it’s best to check with your local planning authority.

Lawful Development

4D Planning can advise if your proposed extension falls under Permitted Development and is “lawful” or if planning permission is needed. For Permitted Development projects, apply for a “Certificate of Lawfulness” or a Certificate of Lawful Use from the local council. You will need a full set of scaled architectural drawings showing existing and proposed changes. Our consultants will handle all documentation and drawings to meet council requirements.

If you need to confirm the lawful status of a building use or that your proposal doesn’t need planning permission, apply for a ‘Lawful Development Certificate’ (LDC). For instance, if your property was altered without planning permission and you plan to sell, an LDC ensures a smooth transaction. While not compulsory, an LDC provides peace of mind.

The council charges £103 for lawful development applications related to residential extensions and £462 for Change of Use or creating flats/HMOs.

A property might be exempt from enforcement action if it has “Established Use”. This applies to properties extended or converted without planning permission. In such cases, you may apply for a Lawful Development Certificate based on 4 years of evidence for residential extensions and conversions or 10 years for commercial uses.

Further Guidance

If you need additional guidance or assistance with your project or obtaining a “Certificate of Lawfulness”, please call us today for a FREE consultation at 020 3150 0183.