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Get the free Certificate of Lawfulness for Existing Use or Development

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This document is an application form for obtaining a Certificate of Lawfulness under the Town and Country Planning (Scotland) Act 1997, allowing individuals to establish lawful use or development
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How to fill out Certificate of Lawfulness for Existing Use or Development

01
Obtain the correct form for the Certificate of Lawfulness for Existing Use or Development from your local planning authority's website.
02
Fill out your personal details including your name, address, and contact information.
03
Provide details of the site in question, including its address and any relevant ownership information.
04
Describe the existing use or development clearly, specifying how long it has been in use or in development.
05
Include evidence to support your application, such as photographs, witness statements, leases, or other relevant documents.
06
Check the local authority’s specific requirements for any additional information or documents required.
07
Submit the completed application along with any necessary fees to your local planning authority.
08
Wait for the local planning authority to process your application and provide a decision.

Who needs Certificate of Lawfulness for Existing Use or Development?

01
Individuals or businesses wanting to confirm that their existing use or development is lawful under planning laws.
02
Property owners who have been using a property without formal planning permission but believe that their use is legal.
03
Anyone considering buying a property and wanting to verify the legality of its current use.
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People Also Ask about

A certificate of proposed lawfulness is essentially a way of getting a decision from the planning authority about whether a proposed use or proposed building work needs planning permission.
The 4-year rule provides a legal pathway to retrospectively regularise unauthorised development, allowing you to bring your property into compliance with local council regulations.
Under the 4-year rule, if a breach of planning control is identified, the local planning authority must initiate enforcement proceedings within four years to enforce compliance. Failure to do so may result in the breach becoming immune from enforcement action, granting the development de facto approval.
An application for a Certificate of Lawfulness for an existing use or development can be made when the owner discovers, in the course of selling the land or property, that planning permission was never given for the development, and they need to show possible buyers that the planning authority cannot take enforcement
Do I need planning permission? minor alterations. demolition. extensions - single storey. extensions - more than one storey. decking/raised platforms. garden rooms, garages, sheds and greenhouses. porches. roof alterations.

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A Certificate of Lawfulness for Existing Use or Development is a legal document that confirms that an existing use of land or building is lawful and does not require planning permission.
Any person or entity that wishes to confirm the lawfulness of an existing use or development is required to file a Certificate of Lawfulness. Typically, this includes property owners or developers.
To fill out a Certificate of Lawfulness, applicants must complete a specific application form, provide evidence of the existing use or development, and pay the required fee. Documentation may include photographs, plans, and statements of use.
The purpose is to provide formal recognition that an existing use or development is lawful, giving the property owner certainty and protection from enforcement action regarding planning permission.
The application must include details about the property, the nature of the existing use or development, the time it has been in use, supporting evidence to substantiate the claim, and any relevant previous planning permissions or history.
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