Lawful development certificate (existing)

The documents, and what each must show

Documents that are always needed come first. Each point is what the check looks for, with the article or guidance it rests on. The council’s local validation list can add to these.

1. Location plan

   Always needed

   A map that shows where the site is, with the site edged in red. Buy one from a Planning Portal-accredited map supplier: they're Ordnance Survey based, at 1:1250, and come with the red line drawn for you.

   Draw the red line around the whole property, including the garden and the drive up to the road. Edge any other land you own nearby in blue.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • The plan is based on an up-to-date map (normally an Ordnance Survey base bought from an accredited supplier), showing today's buildings and roads - including any recent extensions and new houses nearby.PPG Making an application, para. 024 (ID 14-024-20140306)
   • A recognised metric scale is stated, normally 1:1250 or 1:2500, together with the paper size it was drawn for (A4 or A3).PPG Making an application, para. 024 (ID 14-024-20140306)
   • A north point is shown.DMPO 2015 art. 39(2)(a)
   • The whole site is edged clearly in red: for a house, the full property including front and back garden, not just the footprint of the works.PPG Making an application, para. 024 (ID 14-024-20140306)
   • The red line takes in all land needed for the works, including the connection to a public road (it normally reaches the edge of the road or pavement).PPG Making an application, para. 024 (ID 14-024-20140306)
   • Any other land you own next to or close to the site is edged in blue (only if you own any).PPG Making an application, para. 024 (ID 14-024-20140306)
   • Enough surrounding roads and buildings are shown, with at least two roads named, for the site to be found without doubt.PPG Making an application, para. 024 (ID 14-024-20140306)
   • A scale bar is shown, so the plan can still be measured if it is printed at a different size.PPG Making an application, para. 023 (ID 14-023-20140306)
   • The Ordnance Survey copyright and licence number are shown (a sign the map base was bought legitimately and is current).
   • It is a proper location plan, not a screenshot from an online map or satellite image with no scale.DMPO 2015 art. 7(2)
   Common mistakes

   • The red line only goes round the extension, not the whole property.
   • The red line stops short of the road, so the access isn't included.
   • A screenshot from an online map: no scale, no north point.
   • An old map that doesn't show recent extensions or new houses next door.

   Required by DMPO 2015 art. 39(2)(a)

2. Plans and drawings of what exists

   Always needed

   Drawings of the building or works as they are now, and for a use, floor plans showing where the use takes place.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • Drawn to a stated metric scale, normally 1:50 or 1:100, and the paper size is given (or a scale bar is shown).DMPO 2015 art. 7(2); council local validation lists
   • The plans show exactly the part of the land or building the use or works cover; if there's more than one use, which part each relates to.DMPO 2015 art. 39(4)
   • The drawings show the use or operations described in the application details.PPG Lawful development certificates, para. 005 (ID 17c-005-20140306)

   Required by DMPO 2015 art. 39(2)(b)

3. Application form

   Always needed

   The lawful development certificate application form (existing use or development). On the Planning Portal, save or download the PDF of your draft application and upload it here.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • It's the form for a certificate of lawfulness of existing use or development.TCPA 1990 s.191(1)(a)
   • The land is identified by its full address (and, if only part of a property, which part), the same as the address of this application.DMPO 2015 art. 39(1)
   • The use or operations are described precisely (what, where, how big), not just a use class or 'extension'.PPG Lawful development certificates, para. 005 (ID 17c-005-20140306)
   • The grounds are given: why the use or development is (or would be) lawful.DMPO 2015 art. 39(1)
   • Your interest in the land is stated, with the name and address of anyone else with an interest and whether they've been told.DMPO 2015 art. 39(2)(c)
   • The declaration is signed and dated.PPG Lawful development certificates, para. 013 (ID 17c-013-20140306)

   Required by DMPO 2015 art. 39(1)

4. Documentary evidence

   Always needed

   Records that prove the dates: council tax or business rates bills, utility bills, tenancy agreements, accounts, dated photographs, aerial photos, builders' invoices, building control certificates.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • Each document is dated and relates to this address.DMPO 2015 art. 39(2)(b)
   • Together the documents cover the whole period relied on (10 years for most cases), without unexplained gaps.TCPA 1990 s.171B(3)
   • The documents are listed or indexed with what each shows.Council practice on LDC evidence
   Common mistakes

   • Evidence that covers only part of the 10 years.
   • Undated photographs.
   • Letters from neighbours that aren't sworn and don't give dates.

   Required by DMPO 2015 art. 39(2)(b)

5. Statutory declarations

   Recommended

   Sworn statements, made before a solicitor or commissioner for oaths, from you and from others with first-hand knowledge (former owners, neighbours, tenants), describing the use or works and their dates.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • Each statement is a properly made statutory declaration (or affidavit), signed and witnessed.Planning Inspectorate and council practice on LDC evidence
   • Each says how the person knows the facts (first-hand knowledge) and covers the whole period relied on.PPG Lawful development certificates, para. 006 (ID 17c-006-20140306)
   • Dates and the use or works are stated precisely and consistently with the application.PPG Lawful development certificates, para. 006 (ID 17c-006-20140306)
   • Each refers to a plan or photographs identifying the land or building.Council practice on LDC evidence

   Required by DMPO 2015 art. 39(2)(b)

6. Photographs of the site

   Recommended

   Recent photos of the building and the area where the works will go. Not required nationally, but some councils ask for them and they speed up the officer's assessment.

   What it must show

   • The file opens and can be read: not password-protected, not corrupted, and text and dimensions are legible when zoomed in.
   • The photos show the parts of the building and site where the works will go, and the neighbouring property next to them.Council local validation lists
   • The photos are recent and show the site as it is now.Council local validation lists

   Required by Council local validation lists