It is possible to obtain official confirmation that an existing or proposed use of land or buildings, or the erection of a building or other operational development, is lawful. This official confirmation takes the form of a ‘certificate of lawful development’ and means that enforcement action by the local planning authority (LPA) cannot be taken against the development referred to in the certificate. You need to formally apply to your LPA for a certificate of lawful development.
There are two types of certificate:
- A certificate for a proposed development. If you intend to carry out development and want to be sure that it does not require planning permission, you may apply for one of these certificates. Circumstances in which such a certificate could be granted are if it is “permitted development”.
- A certificate for an existing development. This would be granted when development had been carried out sufficiently long ago for it to be immune from enforcement action, see: If my development took place some time ago, could it be too late for action to be taken? A certificate for an existing development can also be granted in other situations, including if the development did not need planning permission at the time it was carried out, for example, it was "permitted development".
More information on Lawful Development Certificates is available on the Planning Portal website.
In making an application for a Certificate it is the responsibility of the applicant to prove that the development or use is lawful on the balance of probabilities. It is in your interests when making an application to submit as much evidence as you reasonably can. If a certificate is granted, this confirms the lawfulness of the development specifically on the date on which the application was submitted. The government has produced technical guidance on how these applications should be determined which can be found in planning practice guidance: Lawful development certificates.
It is also noted that there is no time limit in which an appeal against the refusal of a lawful development certificate must be made.