This case concerned a building that had been converted into 14 self-contained flats without planning permission.
The flats had been in place for several years, but no formal confirmation of their lawfulness had been obtained. This created uncertainty as to the planning status of the property.
If a building is converted into flats without planning permission, that change of use 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 were instructed to prepare and submit an application for a Certificate of Lawfulness (Existing Use) to Lewisham Council.
The key issue in cases of this kind is evidence. The council will not simply accept that a building has been in use for the required period. The application must demonstrate, on the balance of probabilities, that the use has been continuous and uninterrupted.
In this case, the building had already been converted into 14 flats prior to our client purchasing it in 2017 and had remained fully let since that time.
We assembled a comprehensive body of evidence to demonstrate continuous use, including:
- a full schedule of tenancies covering each of the 14 flats over the relevant period
- Assured Shorthold Tenancy agreements for each unit
- rent payment records and bank statements showing income from tenants
- correspondence with tenants and managing agents
- statutory declarations from both the owner and managing agents confirming the accuracy of the information
This material demonstrated that the flats had been in continuous residential use for at least four years prior to the application being submitted.
The council accepted the evidence and issued the certificate of lawfulness.
This confirmed that the use of the building as 14 self-contained flats was lawful, removing uncertainty and allowing the client to move forward with confidence.
