What is a Lawful Development Certificate?
A Lawful Development Certificate is a formal decision from your council that a project is lawful without planning permission. You don't have to get one, but it's the only way to be certain your project is permitted development, and it's useful evidence when you sell the house.
What is a Lawful Development Certificate?
There are two kinds, both from the Town and Country Planning Act 1990:
- For proposed work (section 192): you apply before building, and the council confirms the project would be lawful without planning permission, usually because it's permitted development. This is the kind most homeowners need.
- For existing work (section 191): for building work or a use that has already happened, to confirm it's lawful, for example because it was permitted development at the time or the council can no longer take action against it.
The council isn't judging whether the project is a good idea, only whether it's lawful, so neighbours' objections about appearance or privacy don't affect the decision.
Do I need one?
No. If a project is permitted development, it's lawful whether or not you have a certificate. But a certificate is worth getting when:
- your measurements are close to a limit, or the rules are open to interpretation, such as what counts as the original house;
- you want certainty before spending money on the build;
- a neighbour is likely to complain to the council;
- you plan to sell, since buyers' solicitors often ask for proof that an extension or loft conversion didn't need permission.
How do I apply?
Apply to your council, online through the Planning Portal or on the council's own website. You'll usually need a site location plan, drawings of the existing and proposed house with measurements, a description of the work, and the fee. The council decides on the facts and the law, so clear, accurate drawings that show the project meets each limit make a quick decision more likely.
How much does it cost, and how long does it take?
For proposed work, the fee is half the fee for the equivalent planning application. Check the current amount on the council's website or the Planning Portal. Councils usually decide within 8 weeks.
What if it's refused?
A refusal means the council thinks the project isn't permitted development as described. You can change the design so it fits the limits and apply again, appeal to the Planning Inspectorate, or apply for planning permission instead.
Guides by project
- Do I need planning permission for a rear extension?
- Do I need planning permission for a side extension?
- Do I need planning permission for a loft dormer?
- Do I need planning permission for a garden room?
- Do I need planning permission for a porch?
- Do I need planning permission for a front wall or fence?
- Do I need planning permission for solar panels?