Two types of certificate
A certificate of lawfulness of proposed use or development asks the council to confirm that something you plan to do would be lawful. Most often that is an extension, loft conversion or outbuilding under permitted development.
A certificate of lawfulness of existing use or development confirms that something already done is lawful. That might be because it had permission, didn’t need it, or has become immune from enforcement through the passage of time.
How it is decided
An LDC is a legal test, not a planning judgement. The council looks at whether the project meets the rules, or whether the evidence shows the use or works have been in place long enough. For existing development, the test is the balance of probabilities, supported by evidence such as dated photos, bills, statutory declarations and council tax records.
Time limits for existing development
Since 25 April 2024, immunity from enforcement generally takes 10 years. Works completed before that date may still benefit from the old 4-year rule. See the 10-year rule.
Why it’s worth it
- Certainty before you spend money building.
- Protection if a neighbour complains.
- A smoother sale, because conveyancers routinely ask for evidence that works were lawful.
The fee for a proposed LDC is half the equivalent planning fee. Councils typically aim to decide within 8 weeks.
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Sources
This article is general information about planning in England at the date shown. It is not advice on any particular site, and the law and policy may have changed since. Please speak to us before relying on it.