Establishing use of land for residential purposes incidental to the residential use of the dwellinghouse

[Fespital]

I wasn't sure whether to post this in property or legal sorry!

We want to buy a house where the houses on the road have all bought bits of the scrubland behind there gardens and the house we like has done it too but it looks like the house we like hasn't got use of the extra scrubland bit for residential purposes so we are not sure what that means for us family being able to use it as a garden? It looks like the rest of the garden to us but we dont know what that means legally using it? Ive googled and there's stuff about applying for a lawful development certificate for established use of the land for residential purposes incidental to the residential use of the dwellinghouse but that's beyond me. Can anyone help please? Would the conveyancer be able to do that for us if we buy it?

To accompany the application you would need to provide evidence that the land has been used continuously as garden (or land associated with the residential use of the dwelling) for 10 years back from the date of the application. Application forms are usually available on the council's website.

Not all planning authorities will want the same evidence but generally you can supply sworn statements or affidavits from people who know the land and how it has been used, photos incl aerial ones can also be useful.

You will probably have to approach the seller to provide some of this (or their family or neighbours).

Perhaps you could make an offer on the house which is subject to getting the LDC granted. It might be worth asking the seller why they haven't applied for the certificate if all the other neighbours have - did they not have evidence? Did they just not bother or has it been refused?

If it cannot be proven that the land has been in residential use for at least 10 years, you can still submit a planning application for the change of use of the land. If other neighbouring houses already have Certificates and/or planning permission, you should be in with a decent chance of getting approval.

What kind of proof is needed? What evidence could we get? Thank you for replying to my questions.

Do you know when it was sold?
Has there been a single owner a nice that time?

If so, you could get the owner to sign a sworn statement setting out when the land was incorporated into the garden, what it has been used for etc eg grass cutting with the rest of the garden, play equipment located on it, flower beds/veg plot provided and the fact that such activities have been going on. Any photos of such works/activities would be useful. Google aerial views can sometimes be helpful. similar statements or letters from neighbours could also be supplied if they are willing to help.