Evidence to support an application for a Lawful Development Certificate for an existing development or use

Proving that you need a certificate

The evidence necessary to prove your entitlement to a certificate will depend on what is being applied for, but you should always remember that it's your responsibility as the applicant to convince the local authority that a certificate should be issued. The evidence submitted should be clear and convincing.

Where questions of fact are involved, the local authority will expect to see statements from persons with a direct knowledge of those facts. It's normal to require these statements in the form of a 'sworn affidavit' (original documents must be submitted). You should seek advice from a solicitor or planning agent on how this should be set out.

In some cases, letters or unsworn statements may be acceptable, for example where there is additional documentary evidence backing up the statement. Letters may be acceptable if they back a sworn statement, but statements from owners or applicants which give crucial evidence should always be sworn in the proper form and be original documents.

Additional evidence

Additional documentary evidence includes:

• Building Control Final Inspection Certificate
• copies of rent or account documents
• Council tax/valuation tax letter/statements specifically addressed to the flat number or floor or clearly identifying the unit in question

Further evidence that can be provided and will assist the application can also include:

• photographs
• invoices or documentation indicating how long the development has been in existence