Certificates of Lawfulness – Frequently Asked Questions

What is a Certificate of Lawfulness?

A Certificate of Lawfulness confirms whether an existing or proposed development is lawful for planning purposes. It is not a planning application.

Is a Certificate of Lawfulness worth getting?

In many cases, yes. A Certificate provides legal certainty and can prevent future enforcement issues or disputes when selling or refinancing a property.

Can a council refuse a Certificate of Lawfulness?

Yes. Certificates are determined solely on the evidence provided. If insufficient evidence is submitted, or the development is not lawful, the application can be refused.

How long does a Certificate of Lawfulness take?

Most councils aim to determine Certificate applications within 8 weeks, although timescales can vary.

What evidence is needed for a Certificate of Lawfulness?

Evidence may include:

• sworn affidavits

• dated photographs

• utility bills

• council tax records

• historic plans or correspondence

The burden of proof lies entirely with the applicant.

What is the 4-year rule in planning?

The 4-year rule applies to certain types of unauthorised development, including operational development and changes of use to a single dwellinghouse, where enforcement action is time-limited. Rules have changed, and as a result, the 4-year rule no longer applies to development on, or after, the 25th April 2024.

What is the 10-year rule in planning?

The 10-year rule applies to most other changes of use and breaches of planning conditions, after which enforcement may no longer be possible.

Does a Certificate of Lawfulness expire?

No. Once granted, a Certificate of Lawfulness does not expire, provided the development remains as described. However, if there is a change of permitted development rights, or the specific circumstances of development change, then the Certificate of Lawfulness may no longer apply.

Can I apply for a Certificate retrospectively?

Yes. Certificates are commonly used to regularise existing development or uses where enforcement time limits may apply.

What is the difference between a Certificate of Lawfulness and planning permission?

Planning permission considers policy and planning merits. Certificates of Lawfulness assess only whether a development is lawful based on evidence.