HAD

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What is a certificate of lawful development?

While it is typically feasible to determine if a proposed project qualifies as permitted development, there may be instances where the decision is not straightforward.

If there is any uncertainty or doubt regarding whether your proposal meets the permitted development criteria, there are several options available. One option is to modify your plans in order to comply with the limits and conditions of permitted development.

To ensure peace of mind, you may consider applying for a lawful development certificate (LDC). Please note that an LDC is not the same as planning permission, but it serves as proof that your household building work is lawful.

Even if you are confident that your project falls under permitted development, it is advisable to consider obtaining an LDC. Having an LDC can be beneficial when selling your property, as it can address any concerns or questions raised by potential buyers or their legal representatives. Therefore, it is crucial to keep all relevant paperwork and records regarding your property clear and up to date.

HAD & CO can assist with obtaining an LDC. 

Other services we offer:

  • Planning applications for commercial developments 

  • Householder Planning Applications for extensions, alterations and conversions to existing homes.

  • Full Planning Applications for new build residentialcommercialindustrial and retail developments

  • Change of use Planning Applications for shopsrestaurants and commercial premises

  • Outline Planning Applications for larger schemes of all types

  • Planning enquiries in order to determine the possible merits of a potential Planning Application

  • Lawful Development Certificate

  • Prior Approval 

  • Planning appeals

  • Permitted Development

  • Outline Planning

  • Building Applications for new build residentialcommercialindustrial and retail developments

  • Building Applications for smaller residential projects such as extensionsloft conversionsgarage conversions and general smaller refurbishment works

  • Full interior design service (Residential & Commercial)

  • Schematic design drawings and visuals

  • 3D Visuals and animations

  • Measured building surveys/Housing Inspections

  • Construction drawings for building contractors

Frequently Asked Questions (FAQs)


Is it worth getting a lawful development certificate?
The certificate essentially proves to both your local authority and future buyers that your project was legal at the point of construction. This protects you in the event planning policies change, and means you can start construction with confidence.

How do you prove a certificate of lawfulness?
In order to secure a Certificate of Lawfulness, you'll need at least a decade of consistent evidence that demonstrates the relevant continued use.

Can Neighbours object to a lawful development certificate?
With this being said, if there are any legal flaws or issues with the property, such as a violation of the 'right to light' law, neighbours are within their rights to object to the development.

Why would a certificate of lawfulness be refused? 
A certificate of lawfulness can be refused if the proposed development does not fall within the scope of permitted development rights or if insufficient evidence is provided to demonstrate that the development is lawful.

How long does it take to get a certificate of lawfulness? 
Once you have applied to your local authority, you will be granted a planning officer who will make a site inspect, review your plans and your properties planning history. If all goes to plan, you should receive your certificate no later than 8 weeks.

What is the difference between certificate of lawfulness and planning permission? 
For peace of mind you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful. This option is well worth considering even if you are sure your project is permitted development.

What is the difference between prior approval and certificate of lawfulness? 
Prior approval: needed for anyone building a new storey under permitted development rights or using the larger home extension scheme. Lawful development certificate: a recommended document for anyone doing any other project under permitted development rights.

Can you get a certificate of lawfulness for a listed building? 
Certificate of Lawfulness of Proposed Works to a Listed Building - if the proposed works will not affect the character of the listed building, you may apply for a lawfulness certificate.

What is evidence to verify the application for a lawful development certificate? 
Additional documentary evidence includes: Building Control Final Inspection Certificate. copies of rent or account documents. Council tax/valuation tax letter/statements specifically addressed to the flat number or floor or clearly identifying the unit in question, etc. 

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