What is the difference between Permitted Development Right and a Certificate of Lawfulness?

I always ask potential home buyers or home owners who are to carry out small works, such as a kitchen extension under permitted development rights that they 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 dormer windows, new roof lights, outbuildings or even internal changes without the need to go through the process of a detailed planning application.

What drawings are required for a Certificate of Lawfulness application?

Every permitted development application requires two sets of drawings that show the existing and proposed design schemes. The existing drawings are compiled from a measured building survey illustrating floor plans, elevations, sections and the relationship to adjacent neighbouring properties. The proposed drawings must show the proposal, for example a kitchen extension, garage or loft conversion. Each permitted development application must be accompanied with an Ordnance Survey Map, completed forms and documentation and the approriate fee for processing the application.

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How long does a Certificate of Lawfulness application take?

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.

Read frequently asked questions about submission of a Planning Application

Selling a property without Certificate of Lawfulness 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.

Next stage: Building Regulation Drawings