Understanding Permitted Development Rights and Certificate of Lawfulness

I always ask potential home buyers or home owners who are to carry out a small work, such as a kitchen extension under permitted development rights that they should apply for a Certificate of Lawfulness.

The benefit of applying for a Certificate of Lawfulness, proves the development on the land has been done lawfully in line with the planning permission.  These include small works such as a kitchen extension (limited to size), new windows, new roof lights, outbuildings or even internal changes without the need to go through the process of a detailed planning application.

Selling a property without Certificate of Lawful Development can be difficult

It can be a stumbling block, if somebody buying a property for which planning permission has not been granted, will want a Certificate of Lawfulness from the seller to be evident before they purchase so they know the property they are buying can remain in the state it is in.

I’ve had potential house buyers risk buying a property under the assumption that the property has been used from so many years however the Local Authority could still legally enforce action without obtaining the necessary permissions.

Obtaining a Certificate of Lawfulness

To obtain a Certificate of Lawfulness, the proposal must be fully illustrated by scaled drawings showing ‘as existing’ and ‘as proposed’. The drawings must illustrate floor plans, elevations, sections and the relationship to adjacent (neighbouring) properties. The application drawings must also include an Ordnance Survey Location plan (charged between £20 – £30 inclusive of VAT).  Standard forms are to be accompanied with the drawings and the application submitted to the Local Authority with an accompanying fee.

A standard householder fee would incur £86.00 for the processing of the application while other non-householder developments incur additional fees.

Once submitted, the application will proceed through an eight week statutory period of consideration where the first two weeks of this period the application will be registered. As the application is to confirm the permitted development status, consultation would unlikely to be undertaken.

These drawings will enable the Local Planning Authority to legally establish that the proposals form permitted development and as such a Certificate of Lawfulness can be issued.

More information on householder permitted development rights be found on the planning portal.

Are you thinking of developing under permitted development? Get in touch

If you require drawings for a permitted development application, feel free to get in touch hello@benwill.co.uk or call 01793 920265 and I will be happy to assist you with the application.