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What is a lawful development certificate?

If you want formal confirmation that the existing use of a building is lawful for planning purposes, or that your proposed development does not require planning permission, you can apply for a Lawful Development Certificate(LDC). An LDC can be useful in situations where you need assurance that a particular use, operation, or development is lawful under planning legislation.

Read more about Lawful Development Certificates.

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Applications for a Lawful Development Certificate can be submitted online to your local council using Planning Portal. You must include enough detail and evidence to support your case; if the information is insufficient, your application may be refused.

Apply online

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Common Questions

Do I need planning permission to add a balcony?

Balconies, verandas and raised platforms will often require planning permission as they do not fall under permitted development rights.

An exception to this is Juliet balconies which do not have any external access or platform, allowing them to be classed as permitted development.

A raised platform of under 0.3 metres is also allowed without planning permission, this may be an area with slightly raised decking.

When applying for planning permission for a balcony it is important to consider your neighbours privacy and garden. The features and location of the property may have a significant impact. If the building is listed or in a conservation area, then this may have a bearing on any decisions.

How long does it take for a decision after I submit my planning application?

Once submitted, your planning application first goes through a validation process. After its validated, the formal decision period is 8 weeks. However, in some cases, especially for more complex proposals or if further information is needed, your local authority may request an extension of time.

 

Understand more about the decision-making process on Planning Portal

Do I need permission to create an opening for a new window?

Inserting new windows which look similar to those previously used in the house will often not require planning permission. Some rules apply to new additions, for example if they are on an upper-floor side elevation they must be obscure glazed and non-opening or more than 1.7 metres above the floor.

Installing a new bay window on the front elevation would require planning permission as it is classed as a forward extension.

If you live in a listed building or conservation area you should contact your local planning authority.

 Any new openings will have to comply with building regulations, this may impact thermal heat loss, structure, ventilation and fire safety.

You can use a member of a competent person scheme to complete any work, this will ensure that the work is completed in-line with regulations.

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What is the 10-year rule for planning enforcement?

The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

  • A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
  • A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.
If the breach took place on or after 25 April 2024
  • Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
  • Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.
Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

Can I change my house to a shop with a flat above?

Yes, but this type of conversion will require full planning permission. This is because you’d be changing the use of the ground floor from residential to commercial (typically to a use class such as E), while the upper floor would remain as a residential flat (Class C3). The change of use triggers the need for planning approval.  

Find out more about change of use

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