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 the 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?
Certificate of Lawfulness Applications secured by Urbanist Architecture for 3 self-contained flats
A certificate of lawfulness is a legal document rather than planning permission.
Here at Urbanist Architecture, we regularly make Certificate of Lawfulness applications on behalf of our clients 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, send us an email now to request your FREE quote.
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 the 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 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. For uses other than C3, for example C4 HMO, you can apply for Certificate of Lawfulness after ten 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), send us an email now to request your FREE quote.
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.
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.
How Can We Help You?
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), contact us 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.
Feasibility
Feasibility Assessment for Certificate of Lawfulness for Existing Use (The 4 Year Rule)
- Reviewing the Documents to assess whether you can provide sufficient factual information
- Reviewing the Documents to evaluate whether you qualify for Certificate of Lawfulness for Existing Use (The 4 Year Rule)
Certificate of Lawfulness Application
Application for Certificate of Lawfulness for Existing Use (The 4 Year Rule)
- Dedicated Project Manager
- Dedicated RIBA Architect / Senior Planner
- Providing Professional Advice on Supporting Documents
- Formulating your Planning Strategy to obtain Certificate of Lawfulness
- Carrying out Measured Site Survey
- Preparing Full set of Planning Drawings
- Preparing Design & Access Statement Report
- Duly Completing your Application Form
- Submitting, Managing and Monitoring your Application
- Liaising with your Council on your behalf
Bottom Line
Certificate of Lawfulness Application secured by Urbanist Architecture for 9 self-contained flats
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.
Don’t risk your application being turned down.
43 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
Thanks Ufuk, for taking the time to answer my question, i may need some help with my land so i know the man to help. Thanks again Paul.
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
I own a bungalow that has the loft converted into a two bedroomed flat. I have lived in the flat for 18 years and my father lives in the downstairs. The two pay separate community charges so the council must have been involved at some stage. The previous owners converted the loft some 15 years before we bought it. Now we have come to sell I can not find any planning permission for the conversion. Our solicitor at the time of purchase didn’t look into planning and the previous owners have now died.
Do I need to apply for a Certificate of Lawfulness for the loft conversion? It was done some 33 years ago to my knowledge. I have photographs from when we purchased it in 2001 clearly showing the loft conversion.
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, If I have a few out buildings that have been built without permission but used for my business for over ten years, I assume I could apply for a certificate of lawfulness.
If I wanted to re-model/re-furbish one of the buildings, am I better off getting you to apply for the certificate of lawfulness before hand or would the previous 11/12 years still count towards the certificate.
Finally am I best off applying for the certificate before any objection is lodged or just continuing until an issue is raised.
Many thanks.
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
Hi.
We have recently bought a house which has had a small wind turbine within it’s garden for 4 1/2 yrs without complaint.
The house is in a national park.
Would this fall in to the category of 4 year rule? 10 year rule? or as I have read in articles elsewhere, a 7 year rule?
Do these rules apply all over the UK? Do they differ in national parks etc?
Best Regards
Brian
Hi
We need assistance in formalising a self storage site we have on our land. Is this something you could help with?
Hi.
This is a really interesting thread.
I have a vary small flat that I have just heard is being granted a cert of lawfulness. However I had applied for an adjoining building to be included (we use this as utility space (washing machines, freezer etc)), the council have said they will not this include this area. I’m hoping once I have the certificate that I can apply to rebuild it to a better standard but my concern is that the floor space is below the 37 meter living requirement. Does this mean that the council are unlikely to allow me to re build as it wont comply with size regulations? If they do allow me to re build at the current size can I then apply to extend like any ‘normal’ house?
Hi ufuk, you certainly seem to be the guy that can help regarding certificates of lawfulness,
My question is i have been running my groundwork business from the front of my house for the past 3 years un challenged until now.
A council enforcement officer recently came round and told me i couldn’t legally work from home as i have 4 commercial vans. They haven’t issued an enforcement notice to date, does this mean if i dont hear any more i can gain a certificate in another 7 years time or should i give up on the idea as they have already been in contact with me regarding the matter?
And if the answer is yes i should continue perhaps we could arrange a phone discussion (at your hourly rates of course)
Regards
Dan
We’ve lived in a mobile home in a field for 5 years continuously. Could we apply for a certificate of lawfulness or do we have to wait 10 years?
I live in a grace and favour cottage that hasn’t planning. The title is attached to next door . Both properties are for sale in the estate of my former employer.. I have an opportunity to purchase but need a certificate of lawful use, title will be split on completion. I have lived in this property since 2002 and have paid council tax. my car is registered to this address .. How do I proceed.
I have proof my static caravan has been on my land since 2009 for ancillary use for horses, we have been out of horses for 5 yrs the barn was built 2011 not classed as agricultural just barn for tractor and horse box. We haven’t used barn for horses only agriculture eg tractors ,hay, straw etc for pigs, goats and chickens but wonder what chance of changing barn to dwelling if I get certificate of lawfulness for caravan
Good morning Mr. Bahar,
Is it possible to get agricultural land changed to ‘curtilage’? If so, what are the legal requirements for that please and, do you also cover that sort of work. Additionally, if it can be changed to curtilage, then would the outbuildings on it be usable as holiday lets? An additional complication might be the location, the New Forest which is a national park. Do you handle this type of work?
Many thanks.
Had a conservatory added to our house 12 years ago the house had previously been extended 3 metres and we did not obtain planning for the conservatory where do we stand
i had a house altered in 1990..outer concrete wall surrounding house removed underpinned and rebuilt it has been in everyday use since though now empty after being let for approx.10yrs. planning certs (if gained??)were lost with all other docs in fire i now have retrosective Prc certificate from original structural engineers who oversaw work as original was aiso destroyed,would it be possible to redress planning situation as i want to sell !! could you give me a rough idea of cost ball park figure ??plase alan lormor
I took on a 3 year lease last year, as part of my business registration I have to provide a valid planning certificate for the offices which I Lease.
The Council say that the building has no planning permission for office use however the Landlord says it has historic use dating back many years. He can easily prove office use over the past four years but has no actual records before that time. If necessary could part of the 4 year rule help with our cause, I believe it mentions a structure built without Planning consent and its use. Can you please advise and say if this is the kind of work you undertake. Time is very important, a) for your reply and b) for any consent to be giver or ratified.
My neighbour has applied for a lawful development certificate for the existing use of a dwelling as residential. He has lived there for 10 years. In 2015 he was advised by the LPA that no enforcement action would be taken. Is the certificate issued on the property or on the occupier? We are concerned that when he passes away, hopefully not for a long time, further development of the site will take place.
Hello .My father started a new build bungalow in 2004 and at each stage our building control dept came out.However as the years have gone by my father passed away . In 2009 and my husband and I inherited the bungalow.We thought the council had passed it off minus 1 stage but it was only recently when my husband and I applied for a mortgage to buy a property abroad through Age Partnership that a completion certificate was required.The understanding I had was that it did not matter on time and because of my health issues this is the reason for delay as they.have took over.At no stage can I find any paperwork so I contacted m local council and they told me in was too late in an E mail as the final pass off should have been within 5 ,weeks of the previous one but at no stage were we informed of that.Now the council have ruined my dream of being able to buy a place abroad for my failing health and also we will be unable to sell it either can I issue a certificate of lawfulness?
Hello there – having consulted with my colleague, provided there is no enforcement notice from the council on the property, a Certificate of Lawfulness application should be enough to help you with your mortgage application.
Hi, could you use the 4 year rule, and a Certificate of Lawfulness, to protect a first-floor balcony that was built without the necessary planning permission?
Thanks!
Hi, I received planning permission to do a loft conversion in 2014 and completed it the same year. I have now found out my builder did not complete the building regulation to the end and does not have the final report/ certificate, something I thought I did receive at the time but turns out I didnt.
I am thinking of apply to make the residential property into an HMO (house of multiple occupancy) but in order to do that it asks it the property has had any building work done in the last five years and if so to submit the planning permission and building regs certificate.
I am concerned if I tell the council we dont have the certificate they will reject the HMO or worse ask us to take down the loft conversion. Is there away I can get someone to assess the building regs compliance now even though the work finished over 4 years ago? OR can use the Certificate of Lawlessness to help us out of this situation?
Many thanks, T
Hi,
We are looking at purchasing some land with a semi converted agricultural building which the previous owner resided in. Apparently the property was council tax banded – would it be possible to use this rule for us to also live in it? & if so how would you suggest we might gather proof needed?
Dear Ufuk,
Excellent post and very well described along with your costs.
I have split my house into two flats more than 4 years ago and have evidence to prove 4 year continuous use with tenancy agreements etc.
Once you will apply for certificate of lawfulness, would I also need building regulations after getting the lawfulness certificate?
Will the certificate of lawfulness be enough to split the tile at land registry or would that need anything extra as well?
Thanks for your response in advance.
Hi, I live next to some wood and which privately owned. There is one large mobile home which has been in situ for a number of years. Nobody permanantly lives there but it is used occasionally. There are also a couple of other small caravans just left randomly around. I am aware of the 10 year rule but understand that there would need to be proof that the mobile has to be continuously lived in ? Is this correct and could you envisage somebody appplying for certificate of lawfulness at some stage?
I have had a caravan sited on land I lease, for thirty years- the current ‘van can be verified at 19 years via Google Earth, I have been told I have to move the ‘van by the end of this month or face an enforcement order- the council are unrelenting and I feel very intimidated by them, can they really make me move it now- I need the ‘van for foaling my mares and daily use- it is NOT lived in and never has been, it is purely occasional overnight use…..