Key Takeaways
- An LDC is not planning permission. It is a legal confirmation from the council that your work does not need any.
- Two types: proposed under section 192 before you build, and existing under section 191 to certify what is already there.
- Fees from 1 April 2026: a proposed certificate is half the equivalent application fee, so £274 for a householder scheme. An existing certificate is the full £548.
- The statutory determination period is 8 weeks, and the burden of proof is on you, on the balance of probabilities.
- Since 25 April 2024 most breaches of planning control in England become immune only after 10 years, not four.
- It is the document a buyer's solicitor asks for. Getting one before you market the house is far cheaper than getting one during a sale.
A Lawful Development Certificate is the most misunderstood document in householder planning. It is not permission, and asking for one is not asking for a favour. It is a legal determination that you did not need permission in the first place, and it is the single piece of paper that stops a conveyancing solicitor from holding up your sale years later.
What is an LDC?
A Lawful Development Certificate is a formal decision by your council that a described building project or use is lawful for planning purposes, usually because it falls within permitted development rights. The distinction matters: the council is not exercising planning judgement and cannot refuse it because it dislikes the design. It is applying the law to the facts you have given it. If the facts show the development is lawful, it must issue the certificate.
Once issued, a certificate is conclusive. It can only be revoked under section 193(7) of the Town and Country Planning Act 1990 where it was obtained by a false statement, a forged document, or the withholding of material information. Making such a statement knowingly or recklessly is a criminal offence under section 194, so describe the scheme accurately.
Proposed or existing: which one you need
There are two certificates and they are not interchangeable. A proposed certificate is forward-looking and asks whether a scheme you have drawn would be lawful if built. An existing certificate is backward-looking and asks whether something already built, or a use already established, is lawful now.
| Proposed (section 192) | Existing (section 191) | |
|---|---|---|
| What it confirms | A described scheme would be lawful if built | Something already built or in use is lawful now |
| When you apply | Before you start | After completion, or once a use is established |
| Fee from 1 April 2026 | Half the equivalent fee, so £274 for a householder scheme | The full equivalent fee, so £548 for a householder scheme |
| Main evidence | Accurate scaled drawings and site plan | Dated proof: photographs, invoices, council tax records, sworn statements |
| Burden of proof | On you, on the balance of probabilities | On you, on the balance of probabilities |
| Determination period | 8 weeks | 8 weeks |
How much evidence does an existing certificate need?
Enough to prove the point on the balance of probabilities, which is a lower bar than most people expect but higher than a recollection. The council decides on the evidence you supply, so an application with dated photographs, builders' invoices, utility or council tax records, and statutory declarations from people with direct knowledge will usually succeed where a bare assertion will not.
The immunity period changed recently and this catches people out. Since 25 April 2024, under the Levelling-up and Regeneration Act 2023, a breach of planning control in England becomes immune from enforcement only after 10 years. The old four year rule for building operations and for change of use to a single dwelling now applies only where the operations were substantially completed, or the change of use took place, before that date.
Source: Levelling-up and Regeneration Act 2023, in force 25 April 2024, amending sections 171B and 191 of the Town and Country Planning Act 1990.Why get one before you sell?
Because a certificate obtained calmly costs £274 and eight weeks, and one obtained under pressure costs a buyer. You are not legally required to hold an LDC for permitted development work, but conveyancing solicitors routinely ask for evidence that an extension, loft conversion or outbuilding was lawful, and the absence of any paperwork is treated as a defect. The usual substitutes, an indemnity policy or a retrospective application, are slower, weaker or both.
A proposed certificate has a second use: it settles an argument before you spend money. If your borough disagrees that the scheme is permitted development, you find out for £274 rather than after the steels are in. That is particularly worth doing on cellar and basement conversions, loft conversions with rear dormers, and anything in a road where permitted development rights may have been withdrawn.
What it costs and how long it takes
A proposed householder certificate costs £274 from 1 April 2026, half the £548 householder application fee, and an existing certificate costs the full £548. Applications submitted through the Planning Portal also carry a service charge of £75.83 plus VAT. Budget for measured drawings on top, which is usually the larger cost. The council has 8 weeks to decide.
If your property is covered by an Article 4 direction, the permitted development rights you are relying on may have been removed, in which case an LDC will be refused and you need full planning permission instead. Check that before you apply.
What if the council refuses?
You appeal to the Planning Inspectorate under section 195, and you have 6 months from the date on the decision notice, not the 12 weeks that applies to householder planning appeals. An LDC appeal is decided on law and evidence rather than on planning merit, so it turns on whether the inspector agrees your scheme falls within the rules. A refusal is also useful information in itself: it tells you, before you build, that you need permission.
GS Renovation coordinates LDC applications with your designer and builds the schemes they cover, from house extensions in London to structural alterations. For advice, contact us or call 07472 424 226.