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Planning applications

Lawful development certificates

A certificate is the Council saying, formally and in writing, that you do not need planning permission. It is decided on fact and law rather than on planning judgement, which makes it a very different kind of application to win.

Two kinds
Proposed use or development (LDCP), and existing use or development (LDCE)
Test applied
Fact and law only. Planning merits are irrelevant
Burden of proof
On the applicant, on the balance of probabilities
Council fee
Half the full application fee for proposed; the full fee for existing
Why it matters
Conveyancing solicitors ask for one, and enforcement cannot touch what is lawful

Proposed, or existing?

A certificate for a proposed use or development confirms in advance that what you intend to do is permitted development or otherwise does not require permission. You are asking the Council to agree with your reading of the rules before you spend money. It is the cheap insurance policy people skip and then regret.

A certificate for an existing use or development confirms that something already there has become lawful, either because it never needed permission or because the time limit for enforcement has expired. This is the route for buildings that went up without permission years ago, uses that drifted, and conditions that were breached long enough ago to be immune.

The time limits, which changed

For breaches of planning control in England, the Levelling Up and Regeneration Act 2023 replaced the old four year rule with a single ten year rule, in force from 25 April 2024. The practical position now:

  • Breaches substantially completed before 25 April 2024 keep the old rules: four years for building operations and for change of use to a single dwellinghouse, ten years for other changes of use and for breach of condition.
  • Breaches on or after 25 April 2024 are subject to ten years across the board.

That transitional split matters enormously. A building finished in 2021 may already be immune under the four year rule; an identical building finished in 2025 will not be immune until 2035. Getting the completion date evidenced properly is often the whole case.

This is an evidence exercise, not an argument

The Council is not weighing whether your building is attractive or your use is neighbourly. It is deciding whether you have proved, on the balance of probabilities, that the facts are as you say. Statutory declarations, dated photographs, utility bills, council tax records, invoices, aerial imagery and sworn statements from neighbours are what win these. Assertion loses them.

What we do

  • Work out which certificate you need, and whether you need one at all
  • Set out the legal basis precisely, by class and paragraph of the GPDO or by the relevant time limit
  • Build the evidence file, and tell you what is missing before it is submitted
  • Draft the statutory declarations and witness statements in the form the Council will accept
  • Prepare the plans and the written statement of case
  • Submit, and deal with the Council's questions on the evidence
  • Advise on appeal if it is refused, where the test on appeal is the same test on the same evidence

When a certificate is worth the money

  • Before you build something under permitted development that a neighbour is likely to complain about
  • Before you market a property with an annexe, outbuilding or converted loft that has no permission on file
  • When a buyer's solicitor has raised an enquiry you cannot answer
  • When the Council has started asking questions about a use, before a formal enforcement notice appears
  • When permitted development rights may have been removed by condition and you need to know

Fees

Our fee is fixed and quoted on the evidence involved, because a certificate for a proposed rear extension is a very different job from twelve years of occupation history. The Council's fee is half the full application fee for a proposed certificate, and the full application fee for an existing one.

Questions people ask about certificates

Will applying draw attention to something unauthorised?

It can, and that has to be weighed honestly before you apply. If the time limit has clearly passed and the evidence is sound, a certificate ends the uncertainty permanently and is almost always worth having. If the evidence is thin and the period is short, applying can invite an enforcement investigation. We give you that assessment straight, before you commit.

What evidence do I actually need?

Anything that fixes a date. Dated photographs with metadata, council tax and electoral roll records, utility accounts, tenancy agreements, invoices from builders, delivery notes, bank statements showing payments, and sworn statements from people who saw it. Historic aerial photography is often decisive for buildings.

Can the Council refuse a certificate because it dislikes the development?

No. That is the point of the process. The merits are legally irrelevant. If the Council refuses, the appeal is heard on fact and law, and Inspectors are robust about Councils that stray into planning judgement in a certificate decision.

Is a certificate the same as planning permission?

No, but for most practical purposes it is better. Permission can be implemented and can expire. A certificate is a statement that no permission was needed, and it binds the Council. Solicitors and lenders treat a certificate as conclusive.

Related pages

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