Lawful Development Certificate London: Do You Need One and How to Apply
Permitted development gives you the right to build without planning permission — but it does not give you proof. A Lawful Development Certificate is the document that does. Here is when you need one, what it costs, and how to get it.
Quick Answer
A Lawful Development Certificate (LDC) costs £206 in application fees (from April 2025), plus £500–£1,500 for architect drawings. Total all-in: £700–£2,000. The statutory turnaround is 8 weeks. There are two types: CLOPUD for proposed permitted development, and CLEUD for existing development you want to regularise.
£206
Application fee
£700–£2,000
All-in cost
8 weeks
Turnaround
Check your specific property constraints
Free Property CheckWhat Is a Lawful Development Certificate?
A Lawful Development Certificate (LDC) is a formal legal document issued by the local planning authority confirming that a specific development is lawful. It is not planning permission — it is a determination that planning permission is not required, or that an existing use or structure has become immune from enforcement action.
The certificate is granted under Section 191 or Section 192 of the Town and Country Planning Act 1990. Once issued, it is conclusive evidence of lawfulness at the time of the application. It cannot be revoked unless it was obtained by fraud or misrepresentation.
Two types of LDC
CLOPUD — Certificate of Lawfulness of Proposed Use or Development
Used before you build. You are asking the council to confirm in advance that your proposed development (usually a permitted development extension) is lawful. This gives you certainty before you spend money on construction and provides documentation for future buyers or lenders.
CLEUD — Certificate of Lawfulness of Existing Use or Development
Used after the fact. You are asking the council to confirm that an existing structure or use is lawful — either because it was built under permitted development rights, or because enough time has passed that enforcement action is now time-barred. Commonly used for extensions built without documentation, or inherited properties with unknown history.
Why You Need One Even for Permitted Development
Permitted development rights are self-certifying in theory: if your extension meets all the criteria, you are entitled to build it without any application. In practice, this creates a serious problem. Without an LDC, you have no formal proof that the work was lawful.
This matters in three specific situations that affect almost every homeowner eventually.
Selling your home
Your solicitor will ask whether all building work has the necessary permissions or certificates. If you extended under permitted development without an LDC, your conveyancer will flag this as an uncertainty. The buyer's solicitor will raise enquiries. The buyer may require indemnity insurance (which does not resolve the underlying issue), reduce their offer, or walk away. An LDC on file avoids all of this.
Remortgaging
Mortgage lenders instruct valuers to note any material alterations to the property. A valuer who identifies an extension without documentation will flag it in their report. The lender may require evidence of lawfulness before releasing funds, or decline to lend against the altered property. This can delay or block a remortgage at the worst possible time.
Neighbour complaints
If a neighbour complains to the council about your extension, the planning enforcement team will investigate. Without an LDC you may have to demonstrate lawfulness retrospectively under pressure and time constraints. With an LDC already issued, the council has already made that determination and enforcement action cannot proceed.
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CLOPUD vs CLEUD: Which One Do You Need?
| CLOPUD | CLEUD | |
|---|---|---|
| When | Before you build | After work is complete (or has been in place for years) |
| Purpose | Confirm proposed work is lawful PD | Confirm existing structure is lawful or immune from enforcement |
| Fee (England) | £206 (from April 2025) | £206 (from April 2025) |
| Evidence needed | Drawings showing proposed development meets PD criteria | Proof of when work was done and that it met PD criteria at the time |
| Difficulty | Straightforward if design is compliant | More complex — requires historical evidence |
The application fee for both is £206 in England as of April 2025. This is half the standard householder planning application fee of £528 (which was revised upwards in December 2023). The LDC fee has tracked at roughly half the planning fee since the fee structure was introduced.
If you are about to build and your development clearly falls within permitted development criteria, a CLOPUD is the right application. If work has already been done — whether recently or years ago — and you need to document it, a CLEUD is what you need.
How to Apply
LDC applications are submitted through the Planning Portal (planningportal.co.uk) in the same way as a planning application. Most London councils accept online submissions only.
What you need to submit
For a CLOPUD (proposed development)
- Completed application form (LDC1 for proposed development)
- Location plan (1:1250 or 1:2500 scale, north arrow, site boundary marked in red)
- Existing and proposed floor plans (1:100 or 1:50 scale)
- Existing and proposed elevations showing all external dimensions including heights
- Written description of the development and the specific PD class being relied upon (e.g. Class A of Part 1 Schedule 2)
- Application fee: £206
For a CLEUD (existing development)
- Completed application form (LDC2 for existing development)
- Location plan and site plan of existing structure as built
- As-built floor plans and elevations with dimensions
- Evidence of when the work was carried out (see CLEUD section below)
- Statutory declaration from you or a person with knowledge of the works
- Application fee: £206
Turnaround time
The statutory determination period for an LDC is 8 weeks from the date the valid application is registered. Unlike planning applications, there is no neighbour notification and no public consultation period — the council simply assesses whether the development meets the legal criteria.
In practice, many London councils determine LDCs within 6–8 weeks for straightforward CLOPUD applications. CLEUD applications, particularly where evidence is complex or contested, can take longer. If the council fails to determine within 8 weeks, you can appeal to the Planning Inspectorate.
Not sure whether your extension qualifies for a CLOPUD? Our AI checks your property address and extension details against permitted development criteria.
Check now — it's free →What the Council Assesses
For a CLOPUD, the council assesses only whether the proposed development meets the permitted development criteria at the time of the application. They are not assessing whether the design is good or whether neighbours support it. The test is purely legal: does this development fall within the limits set by the General Permitted Development Order (GPDO)?
For a rear extension under Class A of Part 1 of Schedule 2, the council will check:
- Depth from the original rear wall does not exceed the relevant limit (3m terraced/semi, 4m detached for standard PD)
- Maximum eaves height does not exceed 3m within 2m of a boundary, and overall height does not exceed 4m
- Total enlarged area does not cover more than half the original garden (the curtilage rule)
- No part of the extension extends beyond the principal elevation (the front of the house)
- Materials are of similar appearance to the existing house
- The property is a house (not a flat or maisonette) and the development is within the curtilage
The drawings you submit must show all the relevant dimensions clearly. An experienced architect will annotate drawings specifically to address each PD criterion, making the council's assessment straightforward. Poorly annotated drawings are the most common reason for delays or requests for further information.
When the Council Can Refuse
A council can only refuse an LDC on legal grounds — they cannot refuse it because of neighbour objections or because they think the design is poor. Lawful grounds for refusal include:
PD limits exceeded
If the drawings show the extension exceeds depth, height, or coverage limits, the council must refuse. The applicant must then either redesign to stay within limits or apply for full planning permission.
Article 4 direction
An Article 4 direction removes some or all permitted development rights in a specific area. Many London conservation areas have Article 4 directions that remove Class A and B rights for houses. If your property is subject to an Article 4 direction, you cannot obtain a CLOPUD for that type of development — you need full planning permission instead.
Conservation area restrictions
Even without an Article 4 direction, some PD classes are restricted or modified in conservation areas. Rear extensions in conservation areas require prior approval or full planning in many cases. The council will assess the application against the relevant restrictions for your specific designation.
Listed building
Permitted development rights do not apply to listed buildings. Any works to a listed building — even works that would be PD for an unlisted house — require Listed Building Consent. An LDC application for a listed building will be refused.
Previous permissions or conditions
Previous planning consents may include conditions that remove or restrict PD rights. A common example is a condition in an original planning permission for a housing estate that removes PD rights across all properties. The council will check the planning history of the site.
The 10-Year Rule and Why LDCs Matter More Now
Under the Levelling-up and Regeneration Act 2023, the enforcement immunity period for most unauthorised development changed to 10 years for all England. The old four-year rule (which applied to operational development including most extensions) no longer applies to works carried out after 25 April 2024.
This means that for any extension built after April 2024 without proper documentation, you must wait 10 years before an enforcement immunity CLEUD becomes available — not four years as before. This makes documenting your development correctly at the time significantly more important.
Practical implication: If you built an extension in 2025 under permitted development without obtaining a CLOPUD, you cannot obtain a CLEUD based on enforcement immunity until 2035. In the meantime, any challenge — from a neighbour, a buyer's solicitor, or a lender — cannot be resolved by the passage of time alone.
The solution: Apply for a CLOPUD before you build. It costs £206 in fees and takes 8 weeks. It removes any future uncertainty for the life of your ownership and beyond.
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CLEUD for Existing Extensions: Evidence Requirements
If you are applying for a CLEUD for an extension that already exists — whether you built it, bought the house with it, or inherited a property — you need to demonstrate two things: when the work was carried out, and that it met the relevant PD criteria at that time.
The evidence requirements are higher than for a CLOPUD because there is no prospective design to assess — you are asking the council to make a retrospective determination based on historical facts.
Types of evidence accepted
For CLEUD applications based on PD compliance (rather than enforcement immunity through time), you need to show both the date of construction and that the dimensions met the PD criteria applicable at that date. PD rules have changed over the years — your architect needs to check the rules as they stood when the work was done, not current rules.
Cost Breakdown
The application fee is set nationally and is the same across all English councils. The main variable is professional fees for drawings and supporting documents.
CLEUD applications involving extensive historical evidence gathering or complex planning histories will sit at the higher end. Straightforward CLOPUD applications for a standard rear extension will typically be £700–£1,000 all-in.
In context: the LDC fee of £206 is half the planning application fee of £528 for a householder application. The total cost of obtaining an LDC is a small fraction of any extension project, and a very small fraction of the cost implications if you cannot demonstrate lawfulness when selling or remortgaging.
Situations Where an LDC Is Essential
Selling your home
Conveyancers are required to raise enquiries about any alterations or extensions. A CLOPUD or CLEUD on the planning register resolves these enquiries cleanly. Without one, your solicitor may advise you to obtain retrospective indemnity insurance — which does not certify lawfulness and will raise further questions from a thorough buyer's solicitor.
Remortgaging
Mortgage lenders value the property in its current state. A valuer who identifies an undocumented extension will note it as a potential issue. Some lenders will require evidence of lawfulness before confirming a mortgage offer. An LDC is the definitive evidence they need.
Before carrying out permitted development works
The most cost-effective time to obtain an LDC is before you build. You already have the drawings prepared for the application, the extension dimensions have been designed to comply, and the fee is the same. There is no good reason to skip this step when proceeding with a PD extension.
Inherited property with unknown planning history
Properties that pass through estates or are purchased at auction often have extensions with no documentation. Before selling or using the property as security, a CLEUD application based on the available evidence gives future buyers and lenders clarity. Your solicitor or architect can advise on the strength of the evidence available.
Common Mistakes
Assuming permitted development is self-certifying
Technically it is — you can build PD works without any application. But self-certification means you carry all the risk if the development was not in fact lawful, or if you cannot prove it was. An LDC transfers that determination to the council, who are then bound by it.
Applying for the wrong type
Some applicants apply for a CLEUD when they should apply for a CLOPUD (the works have not yet started) or vice versa. The wrong application will be refused or returned. If the work is complete, apply for a CLEUD. If the work is proposed but not yet started, apply for a CLOPUD.
Insufficient evidence for a CLEUD
CLEUD applications fail most commonly because the evidence package is insufficient to establish when the work was done or to demonstrate compliance at that time. A statutory declaration alone is usually not enough if there is no corroborating documentary or photographic evidence. Gather all available evidence before submitting.
Not checking whether Article 4 applies
London has hundreds of Article 4 directions, particularly across conservation areas in inner boroughs. An Article 4 direction removing Class A rights means a CLOPUD for a rear extension cannot be granted. Check the council's interactive planning map or contact the planning department before commissioning drawings.
Submitting drawings without PD annotations
Standard architectural drawings show dimensions but do not explicitly confirm compliance with each PD condition. A council officer assessing an LDC needs to see that the depth from the original rear wall is within limits, that eaves height is annotated, and that coverage calculations are shown. Unannotated drawings cause requests for further information and delay the 8-week clock.
Frequently Asked Questions
Do I need a lawful development certificate for permitted development?
You are not legally required to obtain one, but it is strongly advisable. Without an LDC you have no formal proof that your extension was lawful. This causes problems when selling, remortgaging, or if a neighbour complains. A CLOPUD application before you build costs £206 in fees and takes 8 weeks. It is the most cost-effective way to protect your position.
How much does a lawful development certificate cost in London?
The application fee is £206 (from April 2025) for both CLOPUD and CLEUD applications across England. Add architect fees for drawings: typically £500–£1,500 for a standard extension. Total all-in cost is usually £700–£2,000 depending on the complexity of the application.
What is the difference between a CLOPUD and a CLEUD?
A CLOPUD (Certificate of Lawfulness of Proposed Use or Development) is applied for before you build. It confirms that the proposed development is lawful permitted development. A CLEUD (Certificate of Lawfulness of Existing Use or Development) is applied for after works are complete. It confirms that an existing structure is lawful, either because it was built under permitted development or because enforcement immunity has been acquired through the passage of time.
How long does a lawful development certificate take?
The statutory determination period is 8 weeks from registration of a valid application. London councils typically determine straightforward CLOPUD applications within this period. CLEUD applications requiring more complex assessment can take longer. There is no neighbour notification or consultation period — the council assesses the application on legal grounds only.
Can a council refuse a lawful development certificate?
Yes, but only on legal grounds. They can refuse if the development exceeds permitted development limits, if an Article 4 direction removes the relevant PD rights, if the property is a listed building, or if a planning condition removes PD rights. They cannot refuse because neighbours object or because the design is poor. If your development genuinely meets the PD criteria, the LDC must be granted.
What evidence do I need for a CLEUD application?
You need to establish when the work was carried out and that it met the permitted development criteria at that time. Evidence includes: statutory declaration from you or someone with knowledge of the works, dated photographs, utility bills connected to the extension, building contracts or invoices, and historical mapping or aerial photography. The more corroborating evidence, the stronger the application.
Does the 10-year rule affect my LDC application?
Yes. For works carried out after 25 April 2024, the enforcement immunity period is now 10 years (not the old 4-year rule for operational development). This means you cannot obtain a CLEUD based on enforcement immunity until 10 years have passed. For works carried out before April 2024, the old rules may still apply depending on timing. Always seek professional advice on which rules apply to your specific situation.
Can I apply for an LDC myself or do I need an architect?
You can apply yourself through the Planning Portal. However, the quality of drawings is critical — poorly annotated or scaled drawings are the most common cause of delays and requests for further information. For a CLEUD, building a strong evidence package requires experience. Most homeowners use an architect or planning consultant to handle the application, with typical fees of £500–£1,500 for a standard extension.
Summary
A Lawful Development Certificate is not a legal requirement for permitted development — but it is the only way to create formal proof of lawfulness. Without one, you are relying on the development being compliant and hoping no one asks you to prove it. For a £206 application fee and 8 weeks, you remove that uncertainty permanently.
If you are planning a rear extension or loft conversion under permitted development, apply for a CLOPUD before work starts. The drawings will already be prepared, the cost is marginal, and the protection it provides lasts for the life of the property.
If you have already built an extension without documentation — or you have bought a property with one — a CLEUD is the route to regularising it. The strength of the application depends entirely on the evidence you can gather. An architect or planning consultant with experience in CLEUD applications is worth engaging early.
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