A Formal Legal Confirmation
A Certificate of Lawfulness is a formal decision from the council confirming that an existing or proposed use or development is considered to be lawful. Unlike planning permission, this isn't assessed on planning merits - it's based purely on fact, evidence, and legal consideration.
A lawful development is one where no enforcement action may be taken, or where planning permission is simply not required under permitted development rights.
Why Do You Need a Certificate of Lawfulness?
Obtaining a Certificate of Lawfulness provides essential legal protection and peace of mind:
Proving Legality When Selling Your Home
A buyer's solicitor may insist on this document before any agreement. Without it, you could face unnecessary delays or even have an offer withdrawn.
Confirming Permitted Development Rights
Get formal confirmation from the council that your proposed development falls within permitted development rights before you start building.
Proving a Structure Has Been in Place for 10+ Years
The Levelling-up and Regeneration Act 2023 changed the previous 'four year rule' to 'ten years'. Structures in place for over 10 years may now be immune from enforcement.
Protection from Planning Enforcement
Save yourself from enforcement action by having the council formally confirm your development is lawful.
Types of Certificate
There are two types of applications:
CLOPUD - Certificate of Lawful Proposed Use or Development
Applied for where you wish to establish the lawfulness of a proposed use or development under permitted development rights, or for some other reason. Get confirmation before you build.
CLEUD - Certificate of Lawful Existing Use or Development
Applied for where you wish to establish the lawfulness of existing development - either under permitted development rights, or by the passage of time (10+ years for buildings, changes of use, or breach of condition).
What You Need to Apply
An application for a Certificate of Lawfulness must meet national and local council validation requirements:
- •Application Form
- •Site Location Plan
- •Existing and Proposed Plans (Floor, Elevation, Section)
- •Evidence (e.g. affidavits, utility bills, dated photographs)
- •Application Fee
Important: The onus is on the applicant to demonstrate and provide evidence of lawfulness. Without sufficient evidence, your application can be refused. The council has 8 weeks to issue a decision.
Important Legal Change
The Levelling-up and Regeneration Act 2023 changed the previous 'four year rule' to 'ten years' for establishing immunity from enforcement. This affects residential use, building works, and changes of use.