When dealing with planning law issues, property owners and developers may need to confirm whether a particular use or development is lawful. In many cases, this can be done through a Certificate of Lawfulness.

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

What Is a Certificate of Lawfulness?

A Certificate of Lawfulness is a formal decision issued by a planning authority confirming that:

• an existing use or development is lawful, or
• a proposed development would be lawful without the need for planning permission.

These certificates provide clarity and legal certainty regarding the planning status of land or property.

Types of Certificates of Lawfulness

There are two main types of Certificates of Lawfulness.

Certificate of Lawfulness for Existing Use or Development (CLEUD)

A CLEUD confirms that an existing use of land or building is lawful. This often arises where a use has existed for a number of years without enforcement action.

Certificate of Lawfulness for Proposed Use or Development (CLOPUD)

A CLOPUD confirms that a proposed development can be carried out lawfully under permitted development rights.

These certificates are commonly used by property owners, developers and purchasers seeking certainty about planning status.

When Might a Certificate of Lawfulness Be Needed?

Certificates of Lawfulness are often required in situations such as:

• confirming the lawful use of land or property
• verifying permitted development rights
• supporting property sales or purchases
• clarifying planning status before development

Obtaining a certificate can provide reassurance that a particular use or development will not be challenged by the planning authority.

Evidence Required

Applications for Certificates of Lawfulness must be supported by appropriate evidence.

This may include:

• statutory declarations
• historical documents
• photographs
• planning records
• utility bills or business records

The strength and clarity of evidence is often critical to the success of an application.

Legal Advice on Certificates of Lawfulness

Preparing a Certificate of Lawfulness application requires careful consideration of planning legislation and supporting evidence.

Wollens’ Planning & Highways team advises property owners, developers and landowners on applications for Certificates of Lawfulness and the evidence required to support them.

Speak to a Planning Specialist

If you need advice on Certificates of Lawfulness or the planning status of land or property, our planning solicitors can assist.planning obligations affecting land or property, our specialist planning solicitors can help.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.