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

Here’s your issue: you – or the previous owner – made changes to a property without getting the planning permission that was required. One common situation is you converted a house into flats. If you didn’t realise that you were breaking planning rules, then it can be alarming to discover what has happened. The good news is that in some cases a Certificate of Lawfulness, also known as ‘4 Year Rule’ planning, can help you out.

Homeowners and developers can use the Certificate of Lawfulness legislation to retrospectively bring their property into line with local council regulations. In order to do that, they have to unequivocally prove that the property has been in constantly in the same use for the previous four years – which is why it’s known as the ‘4 Year Rule’.

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

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

Why is a Certificate of Lawfulness so important for owners in this unfortunate situation? Because you will definitely need one if you are selling your property. And you might also need it if you are remortgaging.

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 — rather than compliance with space standards — and can continue without the need for planning permission.

For instance, 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.

How Do I Know if I Qualify for the ‘4 Year Rule’ — and What is the ’10 Year Rule’? 

A Certificate of Lawfulness generally applies to the continuous use of a building over 10 years – hence it also (confusingly) 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

The exception to this law is where a building is used as a dwelling house –  planning use class C3, which includes houses and flats. In this case, you can apply for Certificate of Lawfulness after four years of continuous use. For uses other than C3 — for example, C4 House in Multiple Occupation — you need ten years’ continuous use to apply for Certificate of Lawfulness.

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.

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

Why You Will Need Help with Your ‘4 Year Rule’ Application

Because a Certificate of Lawfulness is a retrospective regularisation, getting one is more complicated than it sounds. You will 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 last four consecutive years.

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 can 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.

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

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