Proof, not opinion.
A certificate of lawfulness converts “we’re fairly sure it’s fine” into a formal determination the council is bound by. It is usually the cheapest document in planning and the one that gets sales over the line.
Is this you?
What’s involved
Two different certificates
| Certificate | What it is |
|---|---|
| Existing | An evidence exercise about the past — lawful because it never needed permission, or because it has become immune through time |
| Proposed | A legal question about the future — confirms in advance that what you intend doesn’t need permission |
They look similar and they work very differently.
The burden is on you
On an application for an existing use certificate, the burden of proof sits with the applicant, on the balance of probabilities. The council doesn’t have to disprove anything.
Which means the case is built from documents: dated photographs, utility bills, council tax records, invoices, statutory declarations from people who were there. Assembling that properly is most of the work — a refused certificate is a matter of public record and it makes the next attempt harder.
Permitted development isn’t a guarantee
Permitted development rights are national, but they can be removed locally. An Article 4 direction withdraws specified rights across a defined area — commonly in conservation areas. Rights are also restricted for listed buildings and constrained on designated land.
So “it’s permitted development” is a conclusion, not a starting assumption. A proposed-use certificate is the way to make it binding.
Proof
A certificate that unlocked a stalled sale — solicitors and agents are the referral channel this page is written for.
Questions we’re asked
How long does it take?
The determination period is normally 8 weeks. Assembling the evidence for an existing-use certificate can take longer than the application itself, so start early.
What if the council says no?
A refusal can be appealed. But a refused certificate sits on the public record and is visible to any future buyer, so the aim is to get it right first time.
Is it the same as planning permission?
No. It doesn’t grant anything. It confirms that what you’re doing is already lawful — which is a stronger position, because it can’t be conditioned.
We’ve lost the paperwork from the original build.
Very common, and rarely fatal. Council tax records, utility accounts, aerial imagery, old sale particulars and statutory declarations all count.
Tell us what’s there and how long it’s been there.
We’ll tell you whether it’s certifiable, what evidence it needs, and whether it’s worth applying at all.
Send us the details