Is worth getting a Certificate of Lawful Development?

Col.Mastard

Paying out 3/4 hundred pounds to an architect, and £67.50 to the Council, for something which is within the law anyway?

seven-day-weekend

If you have had to query this before, it will save any problems of this nature in the future. You will have a formal dcision to say it is lawful.

mchu6am4

What is Cert of Lawful Dev?

seven-day-weekend

mchu6am4 wrote: »

What is Cert of Lawful Dev?

It is a Certificate to say that a Development is Lawful! and may be used, e.g. in a case where Planning Permission was needed originally but not obtained. If after four years have gone by, and the applicant can prove that the development is over four years old, then it becomes lawful by default. There is no need to obtain a CLU, but it can save problems in the future, if for example, the property comes up for sale.


http://www.planningni.gov.uk/Devel_Control/info_leaflets/coluod/coluod.htm#What%20is%20a%20Certificate%20of%20Lawful%20Use%20or%20Development?

mchu6am4

Wouldn't gaining planning permission not be better?

seven-day-weekend

Yes, you can apply for retrospective Planning Permission, but it may not be granted, whereas a CLU will be if you have proof that has become lawful.

silvercar

don't see why you would bother. If 4 years have passed any buyer's solicitor should realise that there is no point in a certificate.

Debt_Free_Chick

Col.Mastard wrote: »

Paying out 3/4 hundred pounds to an architect, and £67.50 to the Council, for something which is within the law anyway?

Why do you have to pay an architect? It's not like you need plans - what you have is what you have, if you see what I mean.

Perhaps tell us what the problem is and we can be a bit more "creative"

To answer your question though .... no it's not, really. But if intend you sell, your buyer's solicitor will give them the jitters without the certificate. So the cert would probably make a sale easier, even though any informed buyer should know that it's "just a piece of paper". I wouldn't insist on one, if I were buying, but I'll bet my solicitor would make it clear that I was going against his/her advice.

<sigh>

Col.Mastard

silvercar wrote: »

don't see why you would bother. If 4 years have passed any buyer's solicitor should realise that there is no point in a certificate.

But how would you prove 4 Years???

You could build say a gigantic extension today, and put the property on sell tomorrow and then claim it's been there for over 4 years

Debt_Free_Chick

Col.Mastard wrote: »

But how would you prove 4 Years???

You could build say a gigantic extension today, and put the property on sell tomorrow and then claim it's been there for over 4 years

Sworn statements from neighbours

Photographs of you in the extension, holding a newspaper published/bought on the date of the photo

An invoice from the builder If no builder, an invoice for the materials (would have to be for some structural materials and not simply for decorating)

bostin

OP - with reference to a Certificate of Lawfulness.... are you referring to an existing use/development that you want to make 'lawful' or a proposed use?

If an existing development, are you planning to move soon? If not, and assuming that the enforcement team aren't on your case and that neighbours are happy with what you've done etc etc, I would suggest keeping your head down. If you make the application and you have not proved, on the balance of probabilities, that the use/development took place more than 4 years ago, you would be bringing something to the attention of the enforcement team that they would otherwise be unaware of!

If you are seeking a Certificate of Lawfulness for Proposed Use, if you think the development is borderline/questionable in terms of the permitted development rights of the property, or you have a neighbour dispute etc, it might be the expediant option. If on the other hand, you are looking for a little bit of reassurance before undertaking the development, a far better and cheaper option would be write to the Planning Department asking for informal written opinion from Officers.

Hope that helps?

Bost.