When do I need to apply for a Lawful Development Certificate?

Application for a Lawful Development Certificate

The Town and Country Planning Act 1990, amended by the Planning and Compensation Act 1991 and governed by the Town and Country Planning (General Development Procedure) Order 1995, outlines the requirements for a Lawful Development Certificate. This certificate helps determine the legality of various land uses or activities.

When to Apply for a Lawful Development Certificate

Apply for a Lawful Development Certificate in the following situations:

• If planning enforcement action is underway, and you believe the issue is immune due to the time limit for enforcement action having passed.
• When selling land and discovering that planning permission was never granted, but you need to prove that no enforcement action can be taken.
• In cases of intensification of use or where the nature of the existing use is unclear, such as:
• Secondary uses
• Mixed uses
• Intensification
• Sub-division of the planning unit

Time Limits for Enforcement Action

The Planning and Compensation Act 1991 introduced rolling time limits for enforcement action:

• 4 years for building, engineering, mining, or other operations on land, or for the change of use of a building to a single dwelling house. This period starts from the substantial completion of the operations or from when the unauthorised use began.
• 10 years for all other developments. This period starts from the date the breach of planning control occurred.

Once these time limits pass, the development becomes lawful from a planning perspective.

Required Information for the Application

When applying for a Lawful Development Certificate, include the following information:

• Specify whether the application pertains to a use, building operation, or non-compliance with a condition.
• Provide the date when the use or breach started, or when the building was substantially completed.
• Indicate any relevant use class.
• Detail the relevant application if applicable.
• Explain why you believe you are entitled to the certificate.
• Include any other relevant information.
• Attach a plan identifying the land.
• Submit a certificate of the applicant’s interest (ownership, tenancy, etc.) and any interests of other persons.

Information Needed for Established Use

For flats in use for over 4 years, provide:

1. Tenancy agreements (for at least 4 years)
2. Council tax bills for each flat
3. Utility bills addressed to each flat
4. Affidavit*
5. Statutory declaration*
6. Receipts or invoices from builders
7. Photographs with dates
8. Certificate of completion from Building Control
9. Electoral roll for each flat

*Note: A statutory declaration alone is usually insufficient. The Council often expects additional evidence to support the established use.

For commercial properties used for over 10 years, provide:

1. Tenancy agreement (for at least 10 years)
2. Photographs with dates
3. Receipts or invoices from builders
4. Affidavit
5. Statutory declaration
6. Business rates records for 10 years
7. Certificate of completion from Building Control
8. Records from Companies House
9. Tax returns with the business address
10. Utility bills

This list summarizes the common evidence materials accepted by the council but is not exhaustive. For specific advice, contact planning consultants at 4D Planning.

Proving the Claim

The applicant must prove the following to obtain a Lawful Development Certificate:

• That any building was ‘substantially complete’ more than four years before the application date.
• That the use or breach of condition has been continuous for 10 years (4 years for a dwelling).

If the Local Planning Authority (LPA) has evidence or reasonable grounds to doubt the claim, it may refuse the certificate.

Lawful Development Certificates do not apply to breaches involving listed buildings or conservation area controls.