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We do not recommend submitting a certificate application simply because a client believes a use has existed for the relevant period.
Our normal approach is to review the evidence first.
That can be undertaken as a separate initial stage so that you do not need to commit to a full application until we have assessed whether the available material is capable of supporting the case.
This matters because a weak or speculative application does not simply risk wasting an application fee. In some circumstances, drawing the Council’s attention to an unauthorised use without being able to establish lawfulness can create an enforcement risk.
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We have secured Lawful Development Certificates for established flats and for a number of HMOs where the relevant use had continued for the required period.
These cases often require more work than they first appear to. The task is not simply to state that the use has been happening for years; it is to assemble the evidence in a way that allows the Council to reach the legal conclusion being sought.
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Sometimes the correct advice is not to submit.
If the evidence does not establish the claimed lawful use, we can consider whether there is another planning route available — for example, a full or retrospective planning application, a revised use, or a strategy that avoids creating unnecessary enforcement exposure.
That initial judgment is part of the service.
Lawful Development Certificates
The Council is not deciding whether it likes the development or whether it complies with current planning policy. The question is whether the use or development is lawful as a matter of planning law.
That makes the evidence critical.
Need to Establish the Lawful Use of a Property?
If you have a long-standing HMO, flats, commercial use or other development and need to establish its lawful planning status, we can review the evidence first and advise whether a certificate application should proceed.
For further details, explore the links below:
