LAWFUL DEVELOPMENT CERTIFICATE APPLICATIONS

Lawful Development Certificates 
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Lawful Development Certificates for Existing Uses, Developments, and Changes of Use.

Get Expert Assistance with Your Lawful Development Certificate (LDC) Application

Call Now: 0800 456 1060 | 07436 802755

Are you looking to sell, rent, or re-mortgage a property and concerned about potential breaches of planning laws? Do you need to confirm the lawful status of an existing development or use? A Lawful Development Certificate (LDC) can provide the legal clarity required to protect your interests and prevent enforcement action from the Local Planning Authority.

Our experienced planning consultants can guide you through the application process to ensure your property or land remains compliant with planning regulations.

What Is a Lawful Development Certificate (LDC)?

A Lawful Development Certificate (LDC) is a legal document issued by the Local Planning Authority (LPA) that confirms an existing use, operation, or activity is lawful and immune from enforcement action. Unlike planning permission, an LDC does not grant approval for development but instead regularises unauthorised changes that have become lawful due to the passage of time. This certificate is particularly important for property transactions, refinancing, or protecting against future enforcement proceedings.

 Time Limits for Lawfulness

To qualify for an LDC, the unauthorised development or use must have remained in place for a specific period without enforcement action. The relevant time limits are:

• 4 years – For operational development (e.g., constructing a new building) (Transitional arrangements apply – see below)
• 4 years – For the material change of use of a building to a single dwelling (Transitional arrangements apply – see below)
• 10 years – For all other uses, including changes of use (other than to a single dwelling) and breaches of planning conditions
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Transitional Arrangements for the 4-Year Rule

As of April 24, 2024, transitional provisions apply for those seeking to benefit from the 4-year rule. You may still apply for an LDC under the 4-year rule if the breach existed before this date. However, moving forward, the default time limit for most breaches will be 10 years unless you can demonstrate eligibility under the transitional provisions.

Key considerations:

• The government may introduce additional changes affecting how long these provisions remain valid.
• Your development or use must still be in place at the time of your application to qualify.

If your unauthorised development was in existence for at least 4 years before April 24, 2024, you should apply for an LDC as soon as possible to secure immunity from enforcement.

Common LDC Applications

We assist with a wide range of LDC applications, including but not limited to:

• Conversion of buildings into multiple residential units (e.g., conversion of a house into self-contained flats)
• Change of use of land or buildings (e.g., office to residential, agricultural land to commercial use)
• Operational development (e.g., outbuildings, extensions, or construction of new structures without planning permission)
• Continued use of a property in breach of a planning condition

 What Evidence Is Required?

The success of an LDC application depends entirely on factual evidence rather than planning policy considerations. You must prove, on the balance of probabilities, that the development or use meets the required time limits. Common forms of evidence include:

• Dated photographs
• Statutory declarations (sworn statements signed before a solicitor)
• Utility bills and council tax records
• Electoral roll data
• Leases, tenancy agreements, and rental payments
• Business accounts, invoices, or receipts for work carried out
• Witness statements from neighbours or third parties

If sufficient evidence cannot be provided, a retrospective planning application may be a more suitable approach.

Right to Appeal

If an LDC application is refused, you have the right to appeal to the Planning Inspectorate. An appeal may be appropriate if you believe the decision was incorrect or if additional supporting evidence can be provided.

Expert Guidance for Your LDC Application

Applying for an LDC can be complex, particularly given the changing planning regulations and evidential requirements. Our expert team can assist with:

• Assessing the eligibility of your development or use for an LDC
• Gathering and compiling the necessary evidence
• Preparing and submitting a robust application to the Local Planning Authority
• Advising on appeals if an application is refused

Contact Our Planning Experts Today:
0800 456 1060 | 07436 802755