Certificate of Lawful Development

Certificates of Lawful Use or Development are certificates issued by the Planning Department of your relevant council, which establish that the use or development of land is lawful in two circumstances:

(a) Article 83A Certificate of Lawfulness of Existing Use or Development.

This is where you wish to confirm that any existing use, or operation, or activity in breach of a condition or limitation on a planning permission that has already taken place is lawful on the date specified in the application. It is defined as being lawful if enforcement action cannot be taken against it. This may be because it had, or did not need planning permission, or it may be the case that the use or operation took place so long ago that the time for enforcement action has expired;

(b) Article 83B Certificate of Lawfulness of Proposed Use or Development.

This is where you wish to confirm that what you are proposing would be lawful i.e. it would not require express planning permission. For example you may need to establish that what you have proposed does not constitute development, is ‘permitted development’, or already has planning permission.

There are benefits in gaining a Certificate of Lawful Use or Development. It is a determination that has legal status providing certainty to prospective developers and purchasers of land and buildings.

Certificates of Lawful Use or Development will be particularly beneficial to those participating in the housing market. Solicitors representing purchasers of, for example, extended dwellings, will usually require documentary evidence that extensions such as conservatories are lawful.

This evidence may assist with the sale of property. Certificates of Lawful Use or Development also provide the necessary evidence that any works being undertaken are lawful if, for example, a neighbour were to make an enquiry or complaint about the work.

You will need to complete and submit the appropriate application form, along with the correct fee and additional information which is detailed on the application forms and accompanying guidance notes. Separate application forms are available for existing and proposed development (forms LDC1 and LDC2). If you are unsure which application form to complete please discuss with a planning officer before you submit.

Copies of these application forms can be obtained from the Planning Service website at, ww.planningni.gov.uk/devel_control/application_forms/forms.htm#LDC1 or any Divisional Planning Office.