A Certificate of Lawfulness can be used to obtain written confirmation if planning permission is required or not. It is not the same as planning permission but is proof that your building work is lawful under planning law. There are two kinds of certificate that can be applied for:
This will clarify whether a proposed use or development requires planning permission, or whether a proposed development already has planning permission i.e. permitted development, or is lawful by some other reason. Approval will confirm that the use, operations, or other matter applied for would be lawful if carried out in the manner stated in the certificate.
A refusal will point to the need for an application before the use, operations, or other matter, are undertaken.
This procedure allows a person to make a formal application for a certificate to determine whether an unauthorised development has become lawful through the passage of time and can be continued without the need for planning permission.
Obtaining a certificate will have the effect of proving that the development is lawful and protect the development from enforcement action. Refusal of a certificate may raise questions of whether the applicant should submit a retrospective planning application and/or whether the authority should consider enforcement action.
Applications for a Certificate of Lawfulness should be made via the Planning Portal. You must provide sufficient information so that we can decide the application, or it may be refused. You will also have to pay a fee and include scaled drawings that clearly show the location of the site and the work you’re intending to do.
It is important to note that the onus is on the applicant to prove the case by supplying sufficient clear and precise evidence to satisfy the authority that a certificate should be granted.
If the evidence provided with the application is considered to be inadequate, then the application is likely to be refused on the basis of lack of evidence. This would not prevent a further application should more clear and precise evidence become available.
If you need help, we have guidance on filling out the Lawful Development Certificate application form. You can also seek independent professional advice from a consultant.
This includes online guidance and a limited amount of free email advice which can be accessed via the Planning Aid England - Online Form. In some circumstances PAE may be able to offer additional bespoke support. To find out more visit Planning Aid England
The fee for a proposed use or development is half the equivalent fee for a planning application. For example, for proposed alterations to a dwelling, the fee for a planning application is £258, so the fee for a certificate of lawfulness will be £129.
The fee for an existing use or development, not to comply with a planning condition is £293.
The fee for an existing use or development, which is in breach of a planning condition is same as the fee for the equivalent planning application.