What you need to know about the Certificate of Lawful Development

A Certificate of Lawful Development isn’t a legal requirement, however:

1) A Certificate of Lawful Development proves your project's legality at the time of construction.

2) Application fees are £103 in England, £85 in Wales, and £101 in Scotland, half of full planning costs.

3) Expect a decision on your application within 8 weeks; you can appeal if it's delayed or rejected.

4) You might pay double the fee if obtaining a certificate after construction.

5) An architect/designer can help with the application process.

The certificate basically proves to both your local authority and future buyers that your project was legal at the time of construction. This protects you in the event planning policies change, and means you can start construction with confidence.

Why is a Certificate of Lawful Development so useful?

A Certificate of Lawful Development is particularly useful when it comes to using your permitted development rights.

Permitted development rights are a government scheme that entitles some homeowners to expand their home without the need for planning permission. However, certain conditions around the extension / conversion must be met in order to qualify.

These, to name but a few, include…

The size of the project

Height of the extension

What property type you’re modifying

Existing alterations in place

How much land is available

About your permitted development rights.

Because of these considerations, even with an architect/designer to assist, you’ll want to ensure your home is 100% compliant before you start construction. Obtaining a Certificate of Lawful Development means you can have official documentation from your local authority that your build meets legal requirements.

Not getting a Certificate of Lawful Development can be risky.

If you decide to use your permitted development rights, but start construction without a Certificate of Lawful Development, you put your home at risk and will likely need to obtain one anyway.

Future buyers will be wary of purchasing an extended property if there’s no proof the build was legal. This is because, if your extension is found to be too big, or your loft conversion is outside the guidelines, you cannot only face heavy fines, but may be forced to demolish the work. Naturally, this is something another homeowner will not want to risk.

A Certificate of Lawful Development can be obtained retrospectively. However, you’ll likely need to pay twice the application fee. And if your build falls outside of your permitted development rights, you might face some expensive and difficult consequences.

What’s more, planning policies change. What might be included in permitted development today, might not be in 10 years. This is why you need proof that, at the time, what you did was considered legal. This will give you and future buyers peace of mind, it's well worth putting the time and money into getting a Certificate of Lawful Development.

How to apply?

Applying for a Certificate of Lawful Development is a lot like applying for planning permission - only with less rejection stress.

You’ll need…

An application form, which may be completed online or by post.

Evidence verifying the information within the application including:

Architectural plans and elevations

A site location plan

The fee

It also helps to have an architect/designer by your side to help with the application process.

Lawful development fees are, as previously mentioned, as follows…

£103 in England, £85 in Wales, £101 in Scotland

Fees are typically half the cost of full planning permission. Unless you’re applying retrospectively.

How long does it take?

Once you submit your application, it can take up to 8 weeks for a decision. If by this time a decision hasn’t been reached, you can appeal.

If your application is rejected?

If your application is rejected, or takes longer than 8 weeks to reach a decision, you can appeal.

Only the person who applied for the certificate can appeal and if relating to a listed building, the appeal must be made within 6 months of the decision.

Appeals are often lengthy, and unless a genuine error has been made, it might be easier (and more cost effective) to simply have an architect/designer look over your drawings to make alterations.

If you found this article useful please check out the other articles on my blog and if you need any assistance with a planning application, etc, please get in touch.