Is a Certificate of Lawfulness the Same as Planning Permission?

Certificate of Lawfulness vs Planning Permission

Is a Certificate of Lawfulness the Same as Planning Permission? Short answer: No, a Certificate of Lawfulness (COL) is not the same as planning permission. While both are issued by your local council and deal with development or property use, they serve different purposes and follow different rules.

Let’s break it down.

What Is a Certificate of Lawfulness?

A Certificate of Lawfulness (also known as a Lawful Development Certificate or LDC) is an official document from the local planning authority that confirms that:

• An existing or proposed development is lawful without needing planning permission, or

• A past development is now immune from enforcement due to the passage of time

There are two types:

• Certificate of Lawfulness for Proposed Use or Development (CLOPUD)

• Certificate of Lawfulness for Existing Use or Development (CLEUD)

The Difference Between Lawful Development Certificate and Planning Permission

Planning Permission is approval for future development — you ask for permission before building or changing the use of a property.

A Certificate of Lawfulness is about confirming something is lawful, either because:

• It’s covered under permitted development rights, or

• It’s been in place long enough to be immune from enforcement

You don’t “apply” for permission with a certificate — you’re asking the council to legally recognise that planning permission isn’t required or that enforcement is no longer possible.

Why Get a Certificate of Lawfulness?

You might want a certificate if:

• You’ve built an extension or carried out a change of use without permission but believe it’s now lawful due to time limits

• You want to prove your proposed work falls under permitted development and doesn’t need planning permission

• You’re selling your home and need to reassure buyers that past work was lawful

Legal Assurance

The key benefit of a Certificate of Lawfulness is legal certainty. Without one, future enforcement action is always a risk, especially if someone complains or the council becomes aware of unauthorised work.

A certificate gives you a paper trail that proves your development is lawful, which is useful for:

• Selling or mortgaging a property

• Dealing with insurance

• Avoiding planning disputes in future

The 4-Year and 10-Year Rules       

Time plays a big role in applying for a certificate for existing development:

• 4-Year Rule: For building works or use as a single dwelling

• 10-Year Rule: For other use changes or breaches of planning conditions

If the development has been in place for the required time with no enforcement, it may now be lawful. But you still need to apply for a certificate and prove it.

Can Neighbours Object to a Certificate of Lawfulness?

Unlike planning permission, neighbours do not get to object to a Certificate of Lawfulness.

That’s because the council isn’t making a judgement about whether the development is acceptable — they’re only checking whether it is legally permitted under existing rules or due to the time limits.

However, if a neighbour submits evidence that contradicts your claim (e.g. saying a structure wasn’t in place for as long as you say), the council can use that information in their decision.

Types of Certificate of Lawfulness

1. Proposed Use or Development (CLOPUD)
   For confirming that future works or changes of use don’t need planning permission because they fall within permitted development.

2. Existing Use or Development (CLEUD)
   For confirming that an existing development or use is now lawful due to time limits (usually 4 or 10 years).

Proving a Certificate of Lawfulness

The burden of proof is on you, not the council. You’ll need to submit:

• Dated photographs

• Utility bills

• Statutory declarations (signed statements from witnesses)

• Building invoices, plans, or surveys

• Council tax or business rate records

• A clear site plan and supporting documents

The more solid and consistent your evidence, the more likely your certificate will be granted.

A Certificate Doesn’t Grant Permission — It Confirms It’s Not Needed

This is the core difference: a Certificate of Lawfulness doesn’t give you permission to build — it confirms that permission isn’t required, or that a development is now lawful due to time passed. That’s why it’s sometimes called a “legal check” rather than an approval.

COLs Don't Override Other Restrictions

Even if your development is lawful in planning terms, it might still:

• Breach covenants in your title deeds

• Violate building regulations

• Fall foul of party wall agreements
  So a COL protects you only from planning enforcement, not from every legal or regulatory angle.

Permitted Development Isn’t Always Straightforward

People often assume if something is “permitted development,” they don’t need anything. Technically true — but if there’s any uncertainty, a Certificate of Lawfulness for Proposed Development gives peace of mind, especially:

• When selling or remortgaging

• In conservation areas

• With previous extensions that affect limits

Certificates Don’t Expire — But Use Them Wisely

Unlike planning permission (which often has a 3-year time limit), a Certificate of Lawfulness doesn’t expire. But if you use one to confirm permitted development rights for a future extension, and then delay for years, the rules could change — and it might not be lawful anymore. So it’s best used when development is planned soon.

They Can Still Be Challenged — But It’s Rare

Once a certificate is granted, it’s legally binding unless revoked — which is rare and only happens if it was granted based on false or misleading information. So it’s crucial your evidence is accurate and complete.

They’re Often Needed in Legal Disputes

If there's a boundary disagreement, neighbour complaint, or planning investigation, a Certificate of Lawfulness becomes a key document. Solicitors often recommend applying for one even if you think you're in the clear — just to avoid any future argument.