This case concerned a property that had been in use as a separate house for many years, but without any formal confirmation that the use was lawful.
The dwelling had originally been created from a two-storey side extension to number 5 Kentwode Green. Although it had clearly been used as a separate, self-contained house for some time, no certificate of lawfulness had ever been obtained.
This became an issue when the position needed to be regularised.
If a new dwelling is created without planning permission, it can become lawful through the passage of time. For development completed before April 2024, this was generally after four years. However, the onus is on the applicant to demonstrate this with clear and convincing evidence.
We prepared and submitted an application for a Certificate of Lawfulness (Existing Use), supported by a detailed package of evidence showing that the property had been in continuous use as a separate dwelling for at least four years.
This included:
- Land Registry records showing the property as a separate title
- historic planning applications referring to the house as a separate dwelling
- council tax records showing separate banding dating back to 2009
- property particulars and survey information from when the clients purchased the house
Together, this evidence established, on the balance of probabilities, that the property had been in use as a separate dwelling for many years.
The council accepted this evidence and issued the certificate.
This provided formal confirmation that the house was lawful, removing uncertainty and allowing the position to be resolved.
