The Four Year Rule Explained: Certificate of Lawfulness Application for Existing Use or Development
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The Four Year Rule Explained: Certificate of Lawfulness Application for Existing Use or Development
Want to know more about 4 Year Rule?
If you need a formal decision from your council to show that your existing use or development is lawful, then you can submit an application for Certificate of Lawfulness, known as 4 Year Rule Planning.
Ever wonder how landlords convert their houses into a number of flats without first seeking planning permission?
Ever wonder how restaurateurs convert A1 Retail Shops into A3 Restaurants without first seeking planning permission?
Perhaps you’ve heard of a Certificate of Lawfulness, which you can obtain after 4 years by using 4 year rule.
Bear with me, because I am going to show you how you can bypass planning permission by getting a Certificate of Lawfulness using the four year rule!
What is a Certificate of Lawfulness for Existing Use or Development?
A certificate of lawfulness is a legal document rather than a planning permission.
We regularly make Certificate of Lawfulness applications on behalf of our clients as a means to regularise their unauthorised development and in advance of enforcement proceedings by the council.
For example, if you have split your house into flats and rented the flats out continuously for a period in excess of four years, you can get Certificate of Lawfulness using the four year rule to regularise your development.
If you have converted your house into flats without planning permission and need to get Certificate of Lawfulness to regularise your unlawful development or want to avoid enforcement action being taken against you, contact us now by completing our simple contact form.
Why Should I Apply for Certificate of Lawfulness for Existing Use or Development?
A Certificate of Lawfulness allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time, and can be continued without the need for planning permission.
Fact: If you are selling your property, the buyer’s solicitor will ask you to provide this certificate. Or if you are applying for re-mortgage, your mortgage lender may request to see this certificate.
Want to know more about the Four Year Rule? Scroll down now…
Do I Qualify for 4 Year Rule?
You can apply for Certificate of Lawfulness if you can demonstrate that:
- There has been a continuous use of land or buildings (other than a dwelling) for more than 10 years
- A condition or limitation on a planning permission has not been complied with for more than 10 years
- Building or other operations have been completed for more than four years
- A building (not land) has been used as a dwelling house (house or flat) for more than four years
Four Year Rule: The only exception is where the use of a building is as a dwelling house – i.e. it is the use Class C3 and includes houses and flats. In this case, you can apply for Certificate of Lawfulness after four years of continuous use.
To date, I have prepared, submitted and managed hundreds of planning permission applications, and have successfully maintained a 100% success rate with Certificate of Lawfulness applications!
If you are serious about taking advantage of the Four Year Rule (or 10 Year Rule), call us today at 0203 793 7878 or send me an email now.
How Can I Make a 4 Year Rule Application?
Let’s jump right in…
In order to establish the use, your architects or planners need to provide your council with sufficient factual information for them to consider your application. Your agents should prove the continued uninterrupted use of your dwelling as separate self-contained flats for four years. Potential evidence includes but is not limited to the following:
- Tenancy agreements for the last 4 years;
- Electoral Roll evidence of current and previous tenants;
- Council tax bills for the last 4 years;
- Electricity, water and gas bills for the last 4 years;
- Title Register;
- Any vehicle registration documents;
- Any dated photos indicating the previous use of the site or buildings;
- Any sworn affidavits from people with personal knowledge of the existing use or works carried out and;
- Any additional maintenance bills (i.e. builder bills, appliance bills, community charge bills and etc.).
A word of caution: These examples are meant to give an idea of the documents required but the list is NOT exhaustive.
Trust me. It’s more complicated than it sounds. For this reason, your architects or planners need to provide sufficient factual information to demonstrate that the use in question has continued at the same level of intensity, and for the same purpose, for the period of these four consecutive years. All you have to do is to appoint an architect or planner who has a proven track record with the four year rule.
Bottom Line
By now you’ll have realised that you will need to prove that there is a clear history of the function of the property being used in excess of four years. If you want to establish the lawfulness of your property and obtain immunity from enforcement action, it is important that you seek professional advice when applying for Certificate of Lawfulness. Don’t risk your application being turned down.
To date, I have prepared, submitted and managed hundreds of planning permission applications, and have successfully maintained a 100% success rate with Certificate of Lawfulness applications!
If you are serious about taking advantage of the Four Year Rule (or 10 Year Rule), call us today at 0203 793 7878 or send me an email now.
We will help you make a list of all the things you need and guide you through the Certificate of Lawfulness application for ‘Four Year rule’ process. In the end, that’s all you’ll need.
Ufuk Bahar
Ufuk Bahar is the founder and the managing director of Urbanist Architecture Ltd. He studied architecture at 3 different universities.
Ufuk Bahar is the person one of the most successful property developer in London declared an "expert planner" and a very well known architecture critic called an "exceptional designer obsessed with perfection".
He works on complex planning permission cases and helps his clients pursue their property development objectives. Read more...
20 Comments
would like to change an office to a residential use? need help with this application and getting the CLEUD
Hi Nasr
I will contact you via email to discuss your change of use project in detail.
Best
Dear Sir,
Would a certificate of lawfulness cover a small conservatory built on a side elevation that is wider than 50% of the original house but does not pass the front elevation?
Hi Al Wright
If you can provide sufficient factual information in excess of 4 years, yes.
Best
With a certificate of lawful use do I still have to pay ground rent? I have also lived on this plot for 33years.
Hi Rosalind
Depending on the covenants attached, you may still have to pay ground rent.
Best
I’m looking at buying a B&B (with live-in owners) that’s been trading for 3 years as a B&B but is paying council tax as opposed to business rates (so I believe it is still C3 use). I want to take it over and run every room for guests (i.e no live-in owners, only guests) so I will need it to be C1 use. My question is, can I apply for a certificate of lawful use, or does it just have to be a normal change of use application? (and is there any guarantee of success seeing as it’s been running like that for 3 years?).
Thanks
Steve
Hi Stephen
Because it is B&B, you would need to provide sufficient factual evidence in excess of 10 years, not 4.
I’d need to assess the case in detail to advise you on the likelihood of success.
Best
I have had two 20 foot containers in an agricultural field for 8 years without any local objections. Does the 4 year rule apply to them?
I would like to replace the containers with a timber barn. Would you recommend that I first apply for a certificate of lawfulness and then make a subsequent planning application for the barn, or is this an unnecessary step?
Hi Charles
I assume the use of those containers does not fall under C3 (Dwelling House) Use Class.
For this reason, should you wish to regularise those containers, you would need to provide sufficient factual evidence in excess of 10 years, not 4.
Because every case is different and should be assessed on its own merits, I’d need to assess the details of your case to advise you the best way to proceed.
Best
Hi Ufuk Bahar, great article. Can a Certificate of Lawfulness be applied for if the land is unregistered, thanks Paul
Hi Paul
Thank you.
It can be if you can demonstrate the use of the land in excess of 4 years for residential and 10 years for other uses.
Best
Dear ufuk
My annex outbuilding which was built in 2003 as self-contained residential unit for my own use because I am I’ll and was on dialysis from 1997 till 2104. When I started the building work for my self-contained unit I remember council planning department came and they asked me what are you doing. I said that I am I’ll that is why I am building for myself. They checked the foundation depth and went back. In 2003 when it was completed they came again and I was on my bed resting. They saw me and went back. After that no one contacted me.
In 2014 I got kidney transplant and rented the annex in october 2014. Since then it is been let to different tenants.
On 11th January 2019 a council lady came to my home I was not at home when I called her next day she asked me about kitchen out building etc. I have told her that I have built in 2003 because I was ill.
In her next email I told her that it is used as self contained residential unit since 2003.
Today she asked more questions about my illness and current use of residential unit use etc
I was busy my medical appointments and couldn’t reply today.
Should I apply for certificate of lawfulness now when they are already have contacted me or first explain that it is let since 2014 and then wait for the council to issue notice.
I might have available some of the tenancy records but some may be missing due to my illness I am not good in keeping records.
Kindly inform what to do in this case and how much is your cost for dealing the matter?
Regards
Dear Zaan
I am sorry to hear that…
I’d strongly recommend you to regularise your outbuilding by seeking Certificate of Lawfulness before receiving an Enforcement Notice.
If you can provide sufficient information in excess of 4 years, I don’t see a reason why you would not obtain the Certificate.
The preparation and submission of a Certificate of Lawfulness application require technical expertise, excellent presentation and negotiation skills as well as a keen interpretation of planning policies.
For this reason, I’d highly suggest you to seek professional assistance prior to making your application.
Best
Hi, can you advise if a certicate of lawful use issued in 2005 on industrial premises but never implemented is still valid? The site has been disused since 2000 and left to go derelict and now 14 years on a developer is trying the use the certificate to gain change of use?
Thanks
Hi Vin
If the Certificate of Lawfulness application is made for proposed use back in 2005 and the use is not implemented, then it is very likely that it is no longer valid – subject to conditions attached to that consent.
I hope this helps.
Best
Dear Ufuk,
We have 1 floor converted into 3 self contained flats but in the last four years, in between tenants moving out and new ones moving in, there may be a gap where some of the flats were vacant for a max period of 1 month each time. Would the flats still be considered as “continuous occupied” during the last 4 years? Thanks
Kind regards
Jen
Dear Jen
If you have any other sufficient factual information to cover the gap, then the officer may take that into consideration when considering your case.
I would highly advise you to contact us or any other planning consultancy firm experienced in this field to assess your documentation prior to applying for Certificate of Lawfulness.
Best
Hi
We moved into our house ten years ago, two or three years prior to that the garage had been converted to a fourth bedroom.
No planning permission was sought or granted at the time. Would this just be a rubber stamping exercise to get the relevant permission or is it a more difficult exercise.
Tia
William
Hi William
It wouldn’t be a “rubber stamping exercise”, you would require to provide sufficient factual information and with the help of a planning consultant justify the fact that why the officers should regularise the development.
Best