What is a Lawful Development Certificate?

Planning consultant Simon Rix explains everything you need to know about Lawful Development Certificates and how to go about applying for one

- Simon Rix

Lawful Development Certificates (or LDCs) used to be called CLEUDs, which stands for Certificate of Lawful Existing Use or Development, which covered use of land as well as development on it. LDCs are not just about the existing position — they also cover something you may want to do in the future, ie a proposed new use or development.

WHY YOU MAY NEED A LAWFUL DEVELOPMENT CERTIFICATE

In short, LDCs are a way to get a formal confirmation that what you already have on or do with your land, or what you want to do on or with it, is allowed in terms of planning laws. There may be other laws that apply, too, but LDCs cover you for the rules to do with planning consent.

LDCs can be used to determine if you really do need planning permission for what you want to do or if it is covered by permitted development. Perhaps more interestingly, they can also be used as a stepping stone to help you get the planning permission you will need in the future. For example, you may want to build a new house in the garden of an existing house using the planning rules that allow such development in village house curtilages. But what constitutes the existing house’s garden or curtilage may not be clear cut. Going straight for a full planning application could be risky as the local planning authority may try to refuse your application by stating that the exact plot you want to build on is not lawfully a garden.