Certificates of Lawfulness provide legal confirmation that a particular use or development is lawful under planning legislation.

At Wollens, our Planning & Highways team advises property owners, developers and landowners on applications for Certificates of Lawfulness. These applications are commonly used to confirm whether an existing use or proposed development is lawful without the need for full planning permission.

Whether you are seeking to confirm the lawful use of land or establish whether a proposed development is permitted under planning legislation, our solicitors can help guide you through the process.

Simon Rowland - Wollens Solicitor

Speak to a Certificates of Lawfulness Specialist

If your development requires improvements to the public highway, our Planning & Highways team can help guide you through the legal and regulatory process.

Simon Rowland
simon.rowland@wollens.co.uk | 01392 539199
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What Is a Certificate of Lawfulness?

A Certificate of Lawfulness is a formal decision issued by a local planning authority confirming that a particular use or development is lawful.

There are two main types:

Certificate of Lawfulness for Existing Use or Development (CLEUD)

This confirms that an existing use of land or building is lawful, often based on the passage of time or permitted development rights.

Certificate of Lawfulness for Proposed Use or Development (CLOPUD)

This confirms that a proposed development can be carried out lawfully without requiring planning permission.

Certificates of Lawfulness can be particularly useful when:

  • clarifying planning restrictions on land
  • purchasing property
  • confirming planning status before development

Speak to a Planning Specialist

If you need advice on Certificates of Lawfulness or planning status of land or property, our team can assist.

Our Certificates of Lawfulness Services

Our planning solicitors advise property owners, developers and landowners on preparing and supporting Certificates of Lawfulness applications.

Preparing Certificate of Lawfulness Applications

Applying for a Certificate of Lawfulness requires careful preparation and a clear understanding of the relevant planning legislation. Our team assists clients with preparing Certificate of Lawfulness applications and ensuring that the necessary information and documentation are submitted to the local planning authority.

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Reviewing Evidence for Existing Lawful Use

Applications for a Certificate of Lawfulness for Existing Use or Development (CLEUD) often require detailed supporting evidence. We review historical documentation, statutory declarations and other supporting materials to demonstrate that a particular use or development is lawful.

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Advising on Permitted Development Rights

In some circumstances, development may be lawful under permitted development rights without requiring full planning permission. Our planning solicitors advise clients on permitted development rights and whether a Certificate of Lawfulness for Proposed Use or Development (CLOPUD) may be appropriate.

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Responding to Planning Authority Queries

Local planning authorities may request additional information or clarification when considering Certificate of Lawfulness applications. We assist clients in responding to planning authority queries and ensuring applications are properly supported throughout the decision-making process.

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FAQ’s

What is a Certificate of Lawfulness?

A Certificate of Lawfulness is a formal decision issued by a local planning authority confirming that an existing use of land or building, or a proposed development, is lawful under planning legislation. It provides legal confirmation that a particular use or development does not require planning permission or is already lawful.

Wollens regularly advises property owners, developers and landowners on applications for Certificates of Lawfulness and the evidence required to support them.

What is the difference between CLEUD and CLOPUD?

There are two types of Certificates of Lawfulness.

A Certificate of Lawfulness for Existing Use or Development (CLEUD) confirms that an existing use or development is lawful, often based on the passage of time or permitted development rights.

A Certificate of Lawfulness for Proposed Use or Development (CLOPUD) confirms that a proposed development can lawfully proceed without the need for planning permission.

Our planning solicitors at Wollens can help determine which type of certificate is appropriate for your situation.

When should I apply for a Certificate of Lawfulness?

Certificates of Lawfulness are commonly used when confirming the planning status of a property before purchase, verifying whether a development can proceed under permitted development rights, or confirming that an existing use has become lawful over time.

Wollens advises clients on whether a Certificate of Lawfulness application is appropriate and assists with preparing supporting evidence.

What evidence is needed for a Certificate of Lawfulness?

Applications often require detailed evidence demonstrating that a use or development is lawful. This may include statutory declarations, historical documents, photographs, planning records and other supporting information.

Our Planning & Highways team works with property owners and planning consultants to ensure that applications are supported by appropriate evidence.

What happens if a Certificate of Lawfulness application is refused?

If a local planning authority refuses a Certificate of Lawfulness application, it may be possible to challenge the decision through a planning appeal.

Wollens can advise on the appeal process and assist with preparing and submitting appeals where appropriate.