Certificate of Lawfulness of existing use of development
A certificate of lawfulness (existing use) provides a formal decision that allows certain developments or uses to continue without enforcement action, especially when these have been carried out or established in the past without a planning permission or meeting planning conditions. If you wish to confirm whether your existing development is lawful, you should apply for a certificate of lawfulness (existing use).
For example, if you have an existing short-term let, you can apply for a Certificate of Lawfulness of an Existing Use or Development if the property:
- is used for short-term letting outside a Control Area, and you believe there has been no material change of use; OR
- has been used as a short-term let for more than 10 years, and no enforcement action has been taken during that time
The applicant bears the responsibility to provide sufficient evidence to demonstrate, on the balance of probabilities, that the use, operation, or activity is lawful.
In the second scenario, evidence must show that the change of use occurred over 10 years ago, the use has continued uninterrupted for at least 10 years, and that the use has remained consistent throughout that period.
Examples of acceptable evidence include:
- extracts from business accounts
- receipts for guests
- advertisements
- membership of tourism agencies
- utility bills
- affidavits
- information from suppliers
Apply for a Certificate of Lawfulness of Existing Use of Development