Two kinds of certificate
- Proposed works (section 192). Any person may apply to the local planning authority to find out whether proposed operations would be lawful, specifying the land and describing the works (s192(1)). If the council is satisfied they would be lawful if begun at the time of the application, it must issue the certificate; otherwise it must refuse (s192(2)).
- Existing works or use (section 191). For work already done, or an existing use, a certificate confirms it is lawful at the date of the application, and lawfulness is then conclusively presumed (s191). This helps where a past extension may have needed permission.
What an application needs
The application must be made on the published form, specify the land, describe the works, and include the particulars the form asks for (art 39(1)). It must come with (art 39(2)):
- a plan identifying the land, drawn to an identified scale and showing the direction of North;
- such evidence verifying the information in the application as you can provide;
- a statement of your interest in the land, the name and address of anyone else you know has an interest in it, and whether they have been told about the application.
The council must decide within 8 weeks, beginning with the day after it receives a valid application, or within a longer period you agree in writing (art 39(10)).
Fees from 1 April 2026
| Certificate | Council fee | Source |
|---|---|---|
| Proposed extension, loft or porch (half the £548 householder fee) | £274 | GOV.UK fees table |
| Proposed outbuilding, hard surface, gate, fence or wall (half the £272 fee) | £136 | GOV.UK fees table |
| Existing use or works | Same as the full application fee | GOV.UK fees table |
The fees table sets a proposed-works certificate at "Half the Full Application fee"; the £274 and £136 are that rule applied to the £548 and £272 fees. A draft fees regulation would raise fees from 8 December 2026 if it is made; it is not yet law. See planning fees 2026.
Applying direct or through the Planning Portal
You can apply to the council yourself. If you apply online through the Planning Portal, it adds a service charge to applications with a fee over £100: for a certificate, Band 1 (£99 including VAT) or Band 2 (£149 including VAT), depending on the type and scale of development (Planning Portal service charges). Drawing firms also prepare certificate packs; their published prices are on our fees page.
Be exact: false statements
It is an offence, to get a particular decision on a certificate application, to knowingly or recklessly make a statement that is false or misleading in a material particular, or, with intent to deceive, to use a false or misleading document or withhold material information. On summary conviction the penalty is a fine up to the statutory maximum; on indictment, up to two years in prison, a fine, or both (s194). The council can also revoke a certificate if a statement or document was false in a material particular or material information was withheld (s193(7)). Describe the works, and anything already built, as they really are.
Enforcement time limits
In England the council cannot take enforcement action against building works carried out without planning permission once 10 years have passed from the date they were substantially completed (s171B(1)(a)). That 10-year rule came into force on 25 April 2024. Works substantially completed before that date keep the old four-year limit (SI 2024/452 reg 5). Once the time limit has passed, an existing-works certificate under section 191 can confirm the position.
Further reading
GOV.UK planning practice guidance on lawful development certificates, and the Planning Portal's page on Lawful Development Certificates.
What the free check tells you
The free check tells you which designations cover your plot and which projects are likely permitted development within the limits, so you know whether a certificate is the right route before you pay for drawings. Our Project Report (coming soon) sets each rule against your own figures, with its source paragraph, as the sample report shows. The certificate itself is always the council's.
Project guides: rear extensions, loft conversions, garden rooms and the larger home extension route.