The Four Year Rule Explained: Certificate of Lawfulness Application for Existing Use or Development [2020 Update]

The Four Year Rule Explained: Certificate of Lawfulness Application for Existing Use or Development [2020 Update]

If you need a formal decision from your council to show that your residential existing use or development is lawful, then you can submit an application for a Certificate of Lawfulness, also known as ‘4 Year Rule’ planning.

Homeowners and developers can use the current Certificate of Lawfulness legislation to retrospectively bring their property into line with their local council regulations by unequivocally proving that the property has been constantly used as such for the previous four years, hence the name ‘4 Year Rule’.

Certificate of Lawfulness Applications secured by Urbanist Architecture for 3 self-contained spaces in Haringey

What is a Certificate of Lawfulness for Existing Use or Development?

A Certificate of Lawfulness is a legal document regularising unauthorised development, as opposed to the more time-consuming route of applying for a document granting planning permission, which would require strict compliance with national and local standards.

If you are selling your property, the buyer’s solicitor will ask you to provide this certificate, and if you are applying for a re-mortgage, your lender may also request to see this certificate.

The ‘4 Year Rule’ 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 — not through compliance with space standards — and can be continued without the need for planning permission.

If you have split your house into self-contained flats with separate accesses and rented out your flats continuously for over four years, you may be able to qualify for Certificate of Lawfulness . By obtaining your Certificate of Lawfulness, you will legally bring your development into line and avoid enforcement proceedings from your local council.

NOTE: A Certificate of Lawfulness application is NOT a replacement for a due Planning Permission process.

How do I know if I qualify for the ‘4 Year Rule’ — and what is the ’10 Year Rule’? 

It’s important to mention that a Certificate of Lawfulness generally applies to the continuous use of a building over ten years – hence it also being known as the 10 Year Rule. You can get a Certificate 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 planning permission has not been complied with for more than 10 years
• Building or other operations have been completed for more than four years

What do I need to make a ‘4 Year Rule‘ application?

In order to regularise the building’s use as a dwelling house, your architects or planners need to provide your council with sufficient factual information for them to consider your application. As such, you should prove continued uninterrupted use of your dwelling as separate self-contained flats for the established minimum of 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. It is wise to engage the services of professionals with experience in obtaining Certificates of Lawfulness to avoid receiving an enforcement notice from your local council.

How Can We Help You with your ‘4 Year Rule‘ Application?

Here at Urbanist Architecture, we offer a service to help our clients regularise their unwittingly unauthorised development. To date, we have prepared, submitted and managed hundreds of Certificate of Lawfulness applications, and have maintained a 100% success rate! We will help you make a list of all the things you need and guide you through the Certificate of Lawfulness process. In the end, that’s all you’ll need.

Your investment for a Feasibility Assessment for Certificate of Lawfulness and Application for Certificate of Lawfulness is detailed below:

Certificate of Lawfulness Application secured by Urbanist Architecture for 9 self-contained spaces in Hackney