Lawful Development Certificate Guidance

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While it should be possible in most cases to decide whether or not a proposed project qualifies as permitted development (PD) there will inevitably be instances where the decision is less clear cut.

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If there is any ambiguity or question over whether your proposal passes the permitted development tests you have a number of options. It may, for instance, be possible to alter your plans to ensure they meet PD limits and conditions.

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For peace of mind you may choose to apply for a Lawful Development Certificate. This is not the same as planning permission but is proof that your household building work is lawful. The local authority’s fee for applying for a Lawful Development Certificate is approximately £100.

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This option is well worth considering even if you are sure your project is permitted development because if you should ever want to sell your property, a Lawful Development Certificate may be helpful to answer queries raised by potential buyers or their legal representatives. As such, it is important that all paperwork and records relating to your property are clear and up to date.

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On a number of occasions we have been asked to assist clients after they have constructed their extension/building which they were led to believe (by the local authority) fell within the permitted development rights, but unfortunately did not, and in turn lead to the council taking enforcement against them.

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Therefore BGA Architects highly recommend that a Lawful Development Certificate is obtained for all projects that do not require Town Planning Permission.

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For further information about the different types of projects which can be carried out under permitted development please click here which will take you to the planning portal website.

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