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What Is a Lawful Development Certificate?

What is a Lawful Development Certificate?

A lawful development certificate (LDC) is proof that your project is legal under planning rules. Many home improvement projects can proceed without getting the go-ahead from the local planning authority. But if you would like to be 100 percent certain that a project doesn’t require planning permission or that a proposed or existing use of a building is legal, you will be ready to apply for a Lawful Development Certificate.

What is a Lawful Development Certificate?

A Lawful Development Certificate can be a paper stating that a proposed or existing use of building use or project is permitted. If granted by your local planning authority, it means enforcement action can’t be applied against the event.

When it’s needed?

Problems can occur if you build an extension without planning permission so want to sell. The work could even be allowed under permitted development (PD) rights, a form of pre-authorized permission, but the foundations are complicated and it’s not always clear cut. So, if you’re thinking of remodeling or extending your home under PD, it’s sensible to use it for an LDC before work starts for peace of mind. Remember refusal doesn’t necessarily mean you can’t go ahead; it just indicates that planning permission could even be required, otherwise you would possibly tweak the planning to suit within PD.

Existing buildings

The certificate is additionally useful if your home was extended without planning permission and you’d prefer to entail a prospective purchaser that no enforcement action is often taken by the govt agency. The LDC is also used as proof that development was substantially completed four or more years ago, so is exempt from enforcement action. Four years is that the purpose in time within which local planning authorities can take enforcement action against the building which breaches planning rules. Obviously, timing is crucial. If you apply too early, it could alert a council to an unauthorized development.

What some material change of use?

Other cases when the certificate might prove useful include confirming the prevailing use, or intensification of use, of a building is lawful. As an example, an outbuilding converted into a home, or garage into an annex, without planning permission. The change of use would be proof against enforcement action after four years within the case of a dwelling.

How do I apply?

You can apply to your local council for an LDC via the planning Portal online application service. the applying must provide all the requested information, or it’s likely to be refused.

What information do I would like to provide?

The information you’ll provide includes the reasons why you’re thinking that you’re entitled to an LDC, a plan identifying the land, a certificate to prove ownership or tenancy of the land, and the interest of the opposite person. If you’re applying for a certificate for an existing dwelling, you furthermore may provide evidence it absolutely was ‘substantially complete’ quite four years before the date of the appliance. Or within the case of a change of use, proof that any use (or breach of condition) has been carried on continuously for four years. This might include old utility bills, photographs, and sworn statements from third parties.

How is it different from planning permission?

In some ways applying for an LDC is analogous to submitting a planning application, therein plans should be trapped, forms filled in and an application fee paid. A key difference, however, is that LDC is simply concerned with the legality of a building whereas planning permission involves consideration of other issues like design and impact on neighbors. The matter of a certificate depends entirely on factual evidence about the history of a building, planning status, and interpretation of any planning law or judicial authority. In some cases, the legal arguments are complex and it’s sensible to want professional advice from a planning consultant to form sure you place forward a sturdy case.

How much does a certificate cost?

Applying for an LDC for a proposed use or extension is half the standard planning fee. However, applying for a certificate for an existing building or use is identified as a full planning application – £206 in In April 2019, in line with the look Portal. If a certificate is refused, there is a right of appeal.

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