A Lawful Development Certificate is formal confirmation from your Local Planning Authority (LPA) that a proposed or existing development is lawful. Lawful Development Certificates are issued on the basis that your development meets permitted development criteria, is already lawful due to the passage of time (i.e. immune from enforcement) or meets some other lawfulness criteria set out in the Town and Country Planning Act 1990 (TCPA). This guide covers the types of Lawful Development Certificate you can obtain, what counts as permitted development and when obtaining planning permission is likely to still be required.
Understanding Lawful Development Certificates
There are two types of Lawful Development Certificate. A Proposed Use or Development certificate (issued under Section 192 of the TCPA) confirms that planned works do not require planning permission. An Existing Use or Development (issued under Section 191) confirms that completed works are lawful.
Homeowners most commonly apply for a Lawful Development Certificate to demonstrate that an extension, loft conversion or outbuilding is permitted development. While applying for one is optional, it provides essential evidence of lawfulness (that you did not require planning permission) if you sell or remortgage your home later.
Lawful Development Certificates can also be obtained when a landowner has been carrying on using a building or land in a manner that differs from its Use Class for an extensive period of time. If change of use planning permission was not originally sought it may be possible to obtain a Lawful Development Certificate if enough time has passed for the use to be immune from enforcement.
Applications for a Lawful Development Certificate are made to your Local Planning Authority, typically online via the Planning Portal. You’ll need to complete an application form, provide evidence relevant to your development and to pay the appropriate fee for the application.
What Counts as Permitted Development?
Permitted development rights allow certain types of work to take place without applying for planning permission, provided they meet strict rules on size, height, design and location.
These rights are set out in the General Permitted Development Order and include:
- Rear extensions within volume/height limits, along with other restrictions (e.g. distance from boundaries)
- Loft conversions below specific cubic thresholds, along with other restrictions (e.g. aspect)
- Outbuildings for incidental use
- Some forms of glazing and roof alterations
However, these rights vary depending on the property. For example, houses in conservation areas, National Parks, Areas of Outstanding Natural Beauty, and listed buildings face additional restrictions or complete removal of permitted development rights. Permitted development of listed buildings is a complex area we cover in detail in our broad guide to planning permission and listed buildings.
Even where permitted development applies, obtaining a Section 192 Lawful Development Certificate before beginning work can ensure your proposed development is lawful, does not require you to apply for planning permission, and protect the value of the investment you are making in your property.
Lawful Development Certificate vs Planning Permission
A Lawful Development Certificate is simply formal confirmation from your LPA that your development is lawful, usually because it falls under permitted development rules. In contrast, planning permission is a formal decision from your Local Planning Authority that allows your proposed (or completed if your application is retrospective) development to go ahead. It is an entirely different application process from obtaining a Lawful Development Certificate, although there may be some overlap in the evidence required for a successful application, especially if you are applying for a Lawful Development Certificate on a proposed development.
The key difference between the two is that planning permission is a judgement from your LPA on whether your development is acceptable in planning terms. A far wider range of proposed developments can be granted planning permission. However, whilst by law third parties (e.g. neighbours) must be informed and offered the opportunity to comment on a planning application, there is no requirement to consult third parties when issuing a Lawful Development Certificate, and any views expressed by third parties on the planning merits of your development will be disregarded when processing a Lawful Development Certificate application.
LPAs assess planning applications based on a number of set criteria, including:
- Scale and massing of your proposal
- Architectural design and materials
- Relationship to neighbouring properties
- Sunlight/daylight impacts and overlooking
- Access/parking
- Environmental considerations
If you are new to the process, our article How to Apply for Planning Permission explains the steps involved, and How Long Does Planning Permission Take for Homeowners sets out typical UK timelines.
Once permission is granted, development normally must begin within three years. Many approvals also include planning conditions that must be discharged before starting or occupying the development.
When Obtaining Planning Permission May Still Be a Good Idea
Even if your project is technically permitted development, there are several situations where applying for planning permission may still be beneficial or reduce any risk associated with a project.
It’s Unclear Whether Permitted Development Rules Apply
Permitted development rules can vary by both location and type of property. LPAs also have the power to remove permitted development rights by issuing an Article 4 Direction, which means that permitted development rights in a specific area can change over time. If it’s not clear-cut whether permitted development rights apply to your development, applying for planning permission can provide certainty that your development is lawful and allow you to exceed permitted development limits if required.
How A Planning Consultant Can Help
Applying for a Lawful Development Certificate can be challenging, especially if you are submitting a proposed application, or it’s unclear whether the original development met permitted development requirements. A planning consultant can help by:
- Reviewing your design to confirm whether permitted development rights apply
- Preparing a Lawful Development Certificate application with the level of detail expected by your LPA
- Advising when applying for planning permission may be a better strategy
- Supporting heritage assessments for listed or locally significant buildings
- Liaising with planning officers to avoid unnecessary delays
At Holland Lloyd, we specialise in helping homeowners choose the right route for their project. Whether your proposal is a simple permitted development extension or a more complex scheme requiring full planning permission, our Planning Support Service can guide you through every step.
FAQs
What is the meaning of a Lawful Development Certificate?
It is formal confirmation that your proposed or existing development is lawful for planning purposes, often because it qualifies as permitted development.
Is a Lawful Development Certificate easier than planning permission?
It can be easier, but only if your project fully meets permitted development rules. Lawful Development Certificates still require detailed drawings and evidence, and LPAs can refuse them if any part of the proposal falls outside those limits. Timelines are similar to a planning application. The main differences are that third party views on the planning merits of your development are disregarded when processing a Lawful Development Certificate application, and your application cannot be refused on policy grounds.
Do I need a Lawful Development Certificate for permitted development?
It is not a legal requirement, but a Lawful Development Certificate gives you written proof of lawfulness for future sales, valuations and lender checks. Having one can simplify conveyancing in the event of a future sale of your home. Not having one doesn’t mean your development is unlawful, and there’s no time limit for applying for one if your development was completed under permitted development rules.
How long does a Lawful Development Certificate take?
LPAs aim to determine Lawful Development Certificate applications within eight weeks, similar to standard planning applications, although timeframes can vary depending on workload and whether your LPA has an application backlog.
If my Lawful Development Certificate is refused, can I still apply for planning permission?
Yes. A refusal simply means the LPA does not consider the proposal lawful under permitted development rules. You can still submit a planning application for the same scheme, which may give you more scope and flexibility.