What is a Lawful Development Certificate?
A Lawful Development Certificate (LDC) is legally binding confirmation that a 'development' is or would be lawful and thus immune from enforcement action. An LDC can be issued for either development which has already taken place or for proposed development.
Here we are going to concentrate on LDC's for proposed development. Although there is nothing new about LDC's they are becoming more popular and more important all the time. This is partly because of the uncertainty of the meaning of the new regulations and partly because they are invaluable when the time comes to sell your house. Being able to provide a purchaser's solicitor with an LDC for, say, an extension or loft conversion can help to avoid delays in the conveyancing which might otherwise hold things up.
How do I get a Lawful Development Certificate?
By applying to your local council on a form which they will supply. You will need to provide the council with "sufficient factual information for the authority to decide the application." notes government guidance in "Lawful Developmenmt Certificates A User's Guide published by Communities and Local Government. This would normally involve providing proper scaled drawings of the scheme showing the existing building and the proposed new development. The onus is always on the applicant to prove his/her case on the balance of probabilities. The fee payable to the council is half what a planning application fee would be.
Drawings cost money to have produced, of course, but there's no reason why you should not use drawings already being produced for building regulations (which you'll need anyway) for the project. The key thing is that they must be accurate. Your agent or architect will be able to do this easily and cheaply.
Tip # 1: don't 'chance it' with an LDC application. Professional agents NEVER apply for an LDC unless they are certain of their grounds.
Tip # 2: if there is likely to be any chance that the council is going to disagree with the interpretation of the law upon which you are relying be thorough---exhaustive, indeed---with your research and any evidence you are submitting to support your application. Remember, the onus is on the APPLICANT to prove the case. The council are entitled to refuse the application if they are not given "sufficient factual information". GET IT RIGHT THE FIRST TIME to avoid delay and frustration all round. Council's are often presented with poor quality/insufficient information and that won't get you a helpful and constructive response. On the other hand, clear, quality accurate drawings presented with a clear, full checklist showing exactly how and why your proposal is considered to be PD will be much better received by a council officer and less likely to suffer delays in being processed. If you are going to rely on a Planning Inspector's decision letter for an interpretation, then quote the letter and submit a copy of it with the application.
Tip # 3: make sure the development is carried out exactly as described in the certificate. Whatever you do, don't be tempted to change the design or important details of it when building the scheme. Remember, the certificate is issued for the development AS DESCRIBED AND DETAILED IN THE APPLICATION. Amendments to the scheme might or might not still be permitted development, but any material differences could mean that the certificate itself does not cover the works as carried out.
VERY IMPORTANT: its vital that the "sufficient factual information" you provide is indeed "factual". A certificate issued on the basis of inaccurate or false information is invalid AND you can be prosecuted for submitting it (although mistakes made in good faith would be unlikely to lead to such action)
LDC's are the householders' friend. They are inexpensive, valuable 'insurance' which will give you peace of mind and let you sleep at night.
NOTE: an LDC is issued on the basis of what the law says, not 'planning merits' which are irrelevant.
