Do I need a Lawful Development Certificate?
A Lawful Development Certificate (LDC) is a legal document confirming the lawfulness of past, present, or future development. You might require an LDC if you've been using a property for an extended period without planning permission, or if you need to establish the current or proposed use of a building/land as lawful.
There are two types of certificates that can be applied for:
Certificates of Lawful Existing Use or Development (CLUED or CLEUD)
Certificates of Lawful Proposed Use or Development (CLOPUD)
These applications do not involve consideration of planning merits. Instead, they focus solely on evidence, facts, and legal considerations.
The certificate confirms that the existing use, operation, or activity specified within it is lawful and therefore cannot be subject to enforcement action. This can be particularly valuable when selling the property or securing a mortgage, providing assurance to potential buyers or lenders regarding the legality of the use.
How do I obtain a Lawful Development Certificate?
If you wish to obtain a LDC an application must be submitted to the relevant local authority for approval.
Obtaining a LDC requires substantial evidence, which can include sworn affidavits from owners and neighbours, dated photos or satellite images, rental agreements, council tax records, utility bills, invoices for services, leases etc. The more evidence provided, the stronger the case for obtaining the certificate.
Refusal of a LDC doesn't necessarily mean that the proposed development or use is not lawful; rather, it indicates that planning permission is required, assuming the decision is correct. If you disagree with the refusal, you have the option to appeal the decision, just as you would with a planning permission refusal.
Any current use of the building must be visible and in the open to avoid concealment.
A LDC cannot be utilised in situations where breaches of listed building or conservation area controls are alleged.
What are the possibilities and benefits when carrying out a single storey extension?
Single-storey extensions provide a versatile way to expand your home without the complexities of multi-level construction. Here are some common uses and design ideas:
What is the 4 year and 10 year rule?
There are specific minimum time periods for LDC eligibility depending on the type of development:
4 years: for works substantially completed by April 25, 2024, without planning permission, including the erection of new buildings. Immunity from enforcement action begins four years after substantial completion.
10 years: for building, engineering, mining, or other operations without planning permission. Immunity from enforcement action begins four years after substantial completion, including the erection of new buildings.
10 years: for a material change of use of a building to a single dwelling-house, except for changes before April 25, 2024, which have a 4-year period.
10 years: for all other developments, such as changes of use or breaches of planning conditions, including HMO (Use Class C4).
What are the possibilities and benefits when carrying out a single storey extension?
Single-storey extensions provide a versatile way to expand your home without the complexities of multi-level construction. Here are some common uses and design ideas:
How can we help?
At G2, we've guided, prepared, submitted, and overseen numerous successful Lawful Development Certificates (LDCs). We can evaluate your circumstances, advise on the necessity of an LDC, assess its feasibility, and recommend the most effective approach to obtain it.
What are the possibilities and benefits when carrying out a single storey extension?
Single-storey extensions provide a versatile way to expand your home without the complexities of multi-level construction. Here are some common uses and design ideas:
What is the 4 year and 10 year rule?
There are specific minimum time periods for LDC eligibility depending on the type of development:
-
4 years: for works substantially completed by April 25, 2024, without planning permission, including the erection of new buildings. Immunity from enforcement action begins four years after substantial completion.
-
10 years: for building, engineering, mining, or other operations without planning permission. Immunity from enforcement action begins four years after substantial completion, including the erection of new buildings.
-
10 years: for a material change of use of a building to a single dwelling-house, except for changes before April 25, 2024, which have a 4-year period.
-
10 years: for all other developments, such as changes of use or breaches of planning conditions, including HMO (Use Class C4).
What is the 4 year and 10 year rule?
There are specific minimum time periods for LDC eligibility depending on the type of development:
-
4 years: for works substantially completed by April 25, 2024, without planning permission, including the erection of new buildings. Immunity from enforcement action begins four years after substantial completion.
-
10 years: for building, engineering, mining, or other operations without planning permission. Immunity from enforcement action begins four years after substantial completion, including the erection of new buildings.
-
10 years: for a material change of use of a building to a single dwelling-house, except for changes before April 25, 2024, which have a 4-year period.
-
10 years: for all other developments, such as changes of use or breaches of planning conditions, including HMO (Use Class C4).
Conclusion
Single-storey extensions offer a fantastic opportunity to enhance your home’s living space and value. By understanding the planning and building regulations in the UK, you can navigate the process smoothly and create a functional, beautiful addition to your home. Whether you’re looking to expand your kitchen, add a new bedroom, or create a sunlit retreat, a single-storey extension can transform your living experience.
How can we help?
At G2, we've guided, prepared, submitted, and overseen numerous successful Lawful Development Certificates (LDCs). We can evaluate your circumstances, advise on the necessity of an LDC, assess its feasibility, and recommend the most effective approach to obtain it.
Steps to planning your extension:
Initial Consultation: Discuss your ideas with a proffesional to understand feasibility, costs, and design options.
Design and Planning: Your proffesional will advise you as to whether your extension falls under permitted development or requires planning permission, you can then work together to develop detailed plans to submit to the council.
Building Regulations Approval: Following gaining consents from the council, it is advisable to have some detailed construction drawings produced, demonstrating compliance with Parts A-S of the UK building regulations. These will then be submitted to building control.
Party Wall Agreement: If necessary, obtain agreements from neighbour’s affected by the extension.
Construction: Following building control approval, hire a reputable builder and commence construction, ensuring all work is inspected and certified as per building regulations.
Completion: Once construction is finished, obtain a completion certificate from building control, confirming that the extension meets all regulatory requirements.
Conclusion
Single-storey extensions offer a fantastic opportunity to enhance your home’s living space and value. By understanding the planning and building regulations in the UK, you can navigate the process smoothly and create a functional, beautiful addition to your home. Whether you’re looking to expand your kitchen, add a new bedroom, or create a sunlit retreat, a single-storey extension can transform your living experience.
Conclusion
Single-storey extensions offer a fantastic opportunity to enhance your home’s living space and value. By understanding the planning and building regulations in the UK, you can navigate the process smoothly and create a functional, beautiful addition to your home. Whether you’re looking to expand your kitchen, add a new bedroom, or create a sunlit retreat, a single-storey extension can transform your living experience.