A Certificate of Lawful Development (CoLD) is a document which can be obtained upon application from the local authority which confirms that the existing or proposed use of a building is lawful.

There are two different types – a certificate for proposed use and a certificate for existing use. They are decided by the legal department of the council rather than the planners and do not necessarily require a planning statement to accompany them.

Anyone can make an application to the local authority to obtain a decision on whether a development or a proposed development is lawful provided the owner of the land is notified.

When applying for a certificate of lawful development, it’s important that factual supporting evidence is included within the application. This will enable the authority to make a considered judgement on the application. Without sufficient evidence and information, your application may be turned down.

The local authority does not have a statutory requirement to consult any third parties such as neighbours to the property when considering whether to grant a certificate of lawful development, although it may do so if it feels that the third party holds relevant information about the content of the application.

Personal views from third parties will not be taken into consideration by the authority when deciding whether to grant a CoLD.

When a certificate of lawful development is granted, this does not remove the necessity for any development to comply with other legal requirements, such as those covered under building regulations, conservation areas, or Listed Buildings regulation.

If your application for a CoLD is refused, you have the right to appeal, in certain circumstances, to the Secretary of State. These circumstances include if the application was wholly or partly refused, or not determined within the statutory eight-week period, unless an extension was agreed in writing. There is no time limit in which to appeal.

If a statement or document made within an application for a CoLD proves to be false or untrue in any way, or if material evidence which would have impacted upon the decision was withheld, then the local authority has the right to revoke the certificate.

It should be noted that making a false or misleading statement, or withholding material information in order to gain a certificate, is an offence which can result in a fine or imprisonment.

Further information

Contact Savills Planning

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