Summary
Information on the use and requirement of Lawful Development Certificates (LDC).
There are two types of Lawful Development Certificate and it is important to check you have the correct application form.
Certificate for a proposed use or operation, for example, where the use or building operation has not yet started (this is known as a Lawful Development Certificate under section 192).
The other certificate is in respect of an existing use, or where buildings or other alterations have already been carried out.
Purpose of the application
The purpose of making this application is to try and establish that a proposed use or a proposed building operation, would be 'lawful' under the Town and Country Planning Act, or lawful due to having been implemented for the specified time limit. If a Lawful Development Certificate is granted, the proposed activity can then be carried out without the need to apply for planning permission.
Types of application
Any proposed use or building work can be the subject of an application, but in practice this type of application is best suited to two main situations:
1. Where an applicant believes that a proposal will not require planning permission but requires formal confirmation; or
2. Where there is a doubt or dispute over whether a proposal requires planning permission and a formal resolution of the matter is needed.
The type of proposals that are typically the subject of this sort of application include:
an extension to a house;
alterations to the appearance of a building;
a change in the use of land or a building;
a change to the number of flats in a building.
If having considered your application we refuses to issue a certificate, you would need to make a full planning application. (In this event you will need to bear in mind the additional time required, and application fees that will be involved). You also have a right of appeal| [External link] to the Secretary of State.
Provide as much evidence as you can and enclose it with the application. The law means that the onus of proof is with you as the applicant in these cases. We will consider your application as it is presented. The case officer will usually wish to inspect the property and will examine any planning file that may exist. However, the onus is on you to submit this information with your application.
Once an application has been accepted as valid for consideration by us the fee cannot be refunded, even if the application is withdrawn before a decision is reached.
To obtain an application form for a Lawful Development Certificate follow the link to the application forms web page|.