It has been there for years. Now prove it.

Many farms have a building, a dwelling or a business use that started without planning permission. If it has been in place long enough, it may now be lawful. A certificate of lawfulness, also called a lawful development certificate, is the council's formal confirmation of that. It protects you from enforcement and gives buyers and lenders confidence.

2 types of certificate

Existing use or development (section 191): confirms that something already on your land is lawful.
Proposed use or development (section 192): confirms that something you plan to do would be lawful, for example because it is permitted development.

The time limits changed in 2024

The Levelling up and Regeneration Act 2023 brought in a single 10 year limit for enforcement in England from 25 April 2024. Before that, building works and a change of use to a single home could become immune after 4 years. The 4 year limit still applies where building works were substantially completed, or the change to a single home took place, before 25 April 2024. Anything after that date needs 10 years.

Evidence wins certificates

The council decides on the balance of probabilities, and the burden of proof sits with you. Strong applications use evidence such as:

dated photographs and aerial images
invoices, receipts and business records
council tax, business rates and utility bills
sworn statements from people who know the site

Gaps in the timeline are where applications fail. We test your evidence before you apply, so you know where you stand.

Certificates are also a route to removing an agricultural occupancy condition that has been breached for 10 years. If the use is too recent, see retrospective planning permission.

If the council has already acted

If you have received an enforcement notice, time is short. A certificate application and an appeal may both be needed. Read Retrospective planning permission and the new NPPF.

How Foxes Rural can help

We gather and order your evidence, prepare the statement and plans, and manage the application with the council from start to finish.