Development certificate

A lawful development certificate is a legal document which states one of the following:

that something you intend to adapt or build does not need planning permission
that an existing building does not need planning permission
that a change of use for an existing building or land does not need planning permission
that a building or other works have existed for so long that planning permission is no longer required.
that a use of a building or land has existed for so long that planning permission is no longer necessary.

You can apply to the council to check if the law will allow a certificate to be issued.

There are two types of lawful development certificate (LDC):

Proposed use or development
Planning permission is not required for particular building works or uses of land/buildings because the development is lawful. A development order is a legal provision which grants planning permission automatically for certain types of buildings or changes of use.

The council can issue a certificate if:

a new use is not a 'material' change because it falls within the same use class as the existing or previous use
a new use is 'permitted development' because it meets the terms of a development order or previous use
new building works are not a 'material' alteration to the building (affecting its appearance)
new building works are 'permitted development' which comply with a development order
there are other grounds which are valid in planning law.

To apply for a certificate for proposed use or development you will need to complete a form, pay a fee and provide drawings and a location plan. Tel: (020) 8825 6600.

Existing use or development
If an application was not required, the building works or change of use must have been lawful. Where an application should have been made, the new building works or changes of use become lawful once a certain amount of time has passed.

In either case you can apply for a certificate if you can prove one of the following:

the use started over ten years ago and has continued ever since
it is used as a house or flat for over four years ago
if a condition attached to a planning permission is breached, it started over ten years ago and has continued ever since
the building works were completed over four years ago
the use or building works did not need planning permission when they took place or were 'permitted development' because they complied with a development order at the time
there are other grounds which you think are valid in planning law.

To apply you need to complete a form and pay a fee. You must provide drawings clearly identifying the property location and show the area of land or floor space to the related application. You also need to provide written evidence to prove that your application meets one of above points.

The best type of evidence is a statutory declaration by one or more independent persons. This must be accompanied by other written evidence such as rent book, company accounts, rate returns, vehicle registration documents, gas/electricity bills. The evidence will only be used if it clearly identifies the separate use or uses in question.

The law states that you must produce copies of this information with your application even if the council already has it on their records. If you do not provide enough information the council can refuse your application.

Granting or refusing certificates
The council will only grant a certificate if satisfied that the application meets one of the points described above.

The council must inform you why it has made its decision. If you disagree you can challenge by appealing to the Secretary of State for the Environment. Information about the appeal process is given to you when you receive your decision notice.