Certificate of Lawful Development

[bodgerthebadger]

Hi, we would like to apply for a CLD for our proposed loft dormer. The dormer actually falls within permitted development (we definitely know this as we are sticking to the permitted cubic square metre footage allowed). We know we don't need the certificate but we would like it since it will be easier to sell the house with this.

If we apply before works start, this means a delay of 8 weeks to the project and we'd like the work to start ASAP.

Our builder has suggested that we apply retrospectively once the build has finished.

In theory, there shouldn't be a problem as almost every house on our street and on the surrounding streets already have loft conversions put in. We're not in a conservation area and there are no unusual circumstances etc.

Does anyone know if the process for issuing a certificate is different depending whether you apply in advance or apply retrospectively? If we apply in advance, we just need to submit the architectural plans. If we apply retrospectively, do they actually need to come to the property and inspect that you've built in accordance with the plans?

I am a natural born worrier so a part of me wants to apply in advance so I know that everything is in order before we start. However, we've already lost a fair bit of time on the project so I'm equally keen to avoid an 8 week delay.

Will call the local council on Monday but am hoping that someone will be able to answer this question for me in the meantime as it's playing on my mind.

Thanks!

We applied for a certificate of lawfulness for our loft, but the first application was not deemed lawful. We wanted to build up on the party wall, but the application was in line with other application our architect had submitted in other boroughs. However, our borough would not allow you to raise the size of the parapet to the maximum size of the existing parapet (which was obviously higher than the roof itself). If we had applied retrospectively, we would have been stuffed. I now look at extensions around me, and it is amazing how many of them are actually illegal.

We re-applied for our certificate of lawfulness, and we did start a few weeks before we knew it would be issued, but only after the planner said that they could see we had changed the problem and that was the only problem previously.

Our architect was sure the first one was fine. The mistake cost us £200. And wasted a lot of time. But I do at least know we are now legal. To be honest, if I was you I would apply in advance - it is just a bit safer.

I think you have to do it afterwards anyway- that's how they work. Councils also sometimes do a do I need planning permission service where they will confirm in writing that something comes under permitted development. Will that do? It should cover you if you do come to sell. You will need building regulations as a separate matter and will have to apply to the council for those anyway.

Olivia a certificate of lawfulness can be applied for before you start. In my area they prefer for you to do it in advance, and to do it based on the plans only, so that you know what you are building is legal. Better that than have them reject it and you have to pull it all down!

The process is the same whether you apply before or after. However, only you and your architect/builder can weigh up the risk of not getting the answer you're expecting as you may then need to apply for full planning permission. You can also do that retrospectively.