Certificate of Lawfulness?

SavingSteve

Hoping someone can advise.

I have elderly parents who constructed an extension to their house 8 years ago (primary reason they wanted a downstairs bathroom).

Anyway, I have only just learned that they did not apply for planning permission!

They had seen neighbours had done it, and thought they could too, and their builders never mentioned it either.

Anyway, whats done is done. I have no doubt that the construction would be deemed lawful due to the local precedents set by neighbours, but I am conscious that the extension should show in the plans.

I have read about something called a certificate of lawfulness? Does anyone know about this? I believe it refers to a construction being deemed OK if it has been erected for more than x years and no one has complained?

PS - the builders were a fly by night outfit, so whilst they did a great job (under heavy supervision from my father!) there are no receipts or such like to prove when the work was actually done.

Would like to get an idea of where we stand before I approach the council (London Borough of Ealing) on their behalf.

Planner

Assuming that your parents house isnt a listed building, the extension would have become imune to enforcement action from the council after 4 years had expired. As you are now considerably past that date (again assuming the council havent taken previous enforcement action against the extension), there is no requirement to get planning permission or a certificate of lawfull development.

Further, the majority of reasonable sized extensions can now be built without planning permssion under what is known as permitted development rights. Without you posting the dimensions of the extension it would be difficult to comment, but chances are, if its a modest sized extension then it will accord with these.

Summary - nothing to worry about and no further action necessary.

SavingSteve

Thanks so much Planner, much appreciated.

I have read the reasonable sized / do not need planning rules. This one falls foul as it is a 12ft deep extension, and the rules apply up to 3m (10ft), so would 'normally' need planning.

I've tried googling but can not find enough about this 4 year rule. Any ideas on the name of the legislation?

Additionally - is it not a good idea for me to submit updated plans to the council, so that it is 'on the record'? I am thinking long term and if they need to move to a home, or they were to pass away, the house would be sold and then a buyer would probably want to satisfy themselves that the building is beyond council recriminations?

EDIT - it's not a listed building thankfully!

Planner

The Permitted development rights hav recently changed, make sure you have looked at the correct updated ones. I would suggest the Derby Council link below, as they are one of the only councils I know of that have produced an easy to use flow chart guide to permitted development rights;

http://www.derby.gov.uk/Environment/Planning/Permitted+Development+Rights.htm

In terms of the 4 year rule, its Part 8, section 172 (4 )Town & Country PLanning Act 1990;

(4) An enforcement notice which relates to a breach of planning control consisting in—

(a) the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land; or

(b) the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land; or

(c) the making without planning permission of a change of use of any building to use as a single dwellinghouse; or

(d) the failure to comply with a condition which prohibits or has the effect of preventing a change of use of a building to use as a single dwellinghouse,

may be issued only within the period of four years from the date of the breach.

SavingSteve

Brilliant, thanks so much.

From that I can see that whereas planning will likely never be 'approved' they can't actually do anything about it.

So is there anything I can get in writing, or will they simply accept on file, my drawings of the current structure. Again, I am thinking of when the place will need to be sold.

Having just typed that I am now confident enough to call the council (with the power of the Town & Country planning act behind me!) on Monday to discuss with their planning team.

helenjg

SavingSteve wrote: »

Brilliant, thanks so much.

So is there anything I can get in writing, or will they simply accept on file, my drawings of the current structure. Again, I am thinking of when the place will need to be sold.

Yes. A certificate of lawfulness. Not really needed if you are going to stay in the property but if you try and sell it a good solicitor would pick up on the development which could delay a sale as they can take 8 weeks for a decision. Also solicitors are notorious for calling planning departments on the exchange day asking for planning details - if something is not right then it can delay it.

SavingSteve

Great. No detail on ealing.gov.uk on how to apply for such a certificate.

I will be on the phone to them next week and get the ball rolling, no time like the present I say.

Planner

The forms are here, along with a helpful guide.

http://www.ealing.gov.uk/services/environment/planning/planning_services/planning_permission/

Post back if you need any help filling them in.

Paul

SavingSteve

Hi, but those are planning permission forms? Surely this Certificate of Lawfulness needs an entirely seperate form?

EDIT: Think this: http://www.ealing.gov.uk/services/environment/planning/planning_services/planning_permission/development_certificate/index.html
is the one....

Planner

Have a closer look;

http://www.ealing.gov.uk/ealing3/export/sites/ealingweb/services/environment/planning/planning_services/planning_permission/_planning_permission/014_Application_for_LDC_for_an_Existing_use.pdf

SavingSteve

Yep, I got it. Project for the weekend, get some drawings started!