CLUD vs CLUE: Which Certificate Do You Need?

If your property has development that was carried out without express planning permission, or if you are planning to carry out work before selling, you may need a Certificate of Lawfulness. But there are two types — the CLUD and the CLUE — and they serve different purposes.

This guide explains the difference, when each applies, what evidence you need, and which certificate is more useful when you are selling a property.

What is a CLUD?

A CLUD — Certificate of Lawful Use or Development — is issued under Section 191 of the Town and Country Planning Act 1990. It confirms that an existing use of land or a development that has already been carried out is lawful.

A use or development is lawful if:

• It always had planning permission (express or deemed)
• It fell within permitted development rights
• It is now immune from enforcement because the relevant time limit has passed (the 4-year or 10-year rule)

The CLUD looks backward. It says: "this development that has already happened is lawful." Once issued, it is conclusive evidence of lawfulness and cannot be revoked.

What is a CLUE?

A CLUE — Certificate of Lawful Use or Development (proposed) — is issued under Section 192 of the Town and Country Planning Act 1990. It confirms that a proposed use or development would be lawful if carried out.

A CLUE is essentially a forward-looking confirmation. You apply before you do the work, and the local planning authority confirms that what you plan to do is permitted. It is particularly useful for:

• Confirming that a proposed extension or alteration falls within permitted development rights
• Establishing that a proposed change of use does not require planning permission
• Providing certainty before committing to a building project

The CLUE looks forward. It says: "if you do this, it would be lawful." Once issued, it provides legal certainty and cannot be overridden by later changes to planning policy (though it can be affected by changes to legislation).

CLUD vs CLUE: comparison table

When do you need a CLUD when selling?

A CLUD is the more relevant certificate for most sellers. You are likely to need one if:

• An extension was built without express planning permission — For example, a rear extension built by a previous owner that may have been permitted development but for which there is no documentation.
• A loft conversion or garage conversion was carried out — If the conversion happened more than four years ago and no enforcement action was taken, a CLUD can confirm it is lawful.
• A change of use has occurred — For example, converting a shop to a dwelling. If the change happened more than ten years ago (or four years for a change to a single dwelling), a CLUD can confirm lawfulness.
• The buyer's solicitor has raised enquiries — If the buyer's solicitor is not satisfied with a statutory declaration or indemnity insurance, a CLUD provides the strongest evidence of lawfulness.

When might you need a CLUE when selling?

A CLUE is less commonly needed during a sale, but it can be useful in specific situations:

• You plan to carry out work before listing — If you are building an extension or making alterations to increase the property's value before selling, a CLUE confirms the work is permitted before you start.
• The buyer wants to confirm development potential — If you are marketing a property with development potential (for example, land with capacity for an additional dwelling), a CLUE can provide certainty about what can be built.
• You want to avoid planning risk — A CLUE gives you certainty that your planned development is lawful before you commit to the cost. See our guide on planning permission checks before selling for more on this topic.

Evidence requirements

Evidence for a CLUD application

When applying for a CLUD, the burden of proof is on you as the applicant. You must demonstrate, on the balance of probabilities, that the use or development is lawful. Strong evidence includes:

• Dated photographs — Showing the development at different points in time
• Building insurance documents — Showing the sum insured changed at the time of the development
• Council tax records — Showing a band change or correspondence about the property
• Utility bills — Showing consumption patterns consistent with the development being in place
• Estate agent particulars — From when you purchased the property, showing the development in place
• Statutory declarations — Sworn statements from you, neighbours, or tradespeople confirming the development has been in place for the required period
• Aerial photographs — From services such as Google Earth showing the development in historical imagery

The more evidence you provide, the stronger your application. The local planning authority will assess all the evidence in the round and decide whether the balance of probabilities is met.

Evidence for a CLUE application

A CLUE application is more straightforward in terms of evidence because you are asking about a proposed development. You will need to provide:

• Detailed plans and drawings — Showing the proposed development, including dimensions, materials, and position relative to boundaries
• A site plan — Showing the property boundaries and the location of the proposed development
• A written description — Explaining what you propose to do and why you believe it is permitted

The local planning authority will assess whether the proposed development falls within permitted development rights or is otherwise lawful without the need for express planning permission.

Common scenarios

Extension built years ago without permission — use a CLUD

If a rear extension was built more than four years ago without express planning permission, and no enforcement action was taken, the development is immune from enforcement. A CLUD application under Section 191 will confirm this. This is one of the most common scenarios sellers face, and a CLUD is the cleanest way to resolve it.

Planning to extend before selling — use a CLUE

If you want to add value by building an extension or converting a loft before listing your property, a CLUE application under Section 192 confirms that your plans fall within permitted development. This avoids the risk of building something that later turns out to need planning permission. For guidance on checking your permitted development rights, see our guide on permitted development when selling.

Outbuilding used as a home office — may need a CLUD

If you have a garden building that has been used as a home office or studio, the buyer's solicitor may question whether it constitutes a change of use. If it is "incidental to the enjoyment of the dwelling," no planning permission is needed. But if it has been used as a separate dwelling or for commercial purposes, it may require a CLUD to confirm lawfulness.

CLUD vs indemnity insurance

When development has been carried out without planning permission, sellers sometimes opt for indemnity insurance instead of a CLUD. This is quicker and cheaper (typically £50 to £200 versus £258 plus evidence costs), but it has limitations:

• Indemnity insurance only covers the financial risk of enforcement — it does not confirm that the development is lawful
• It is invalidated if anyone contacts the local planning authority about the development
• Some buyer's solicitors and mortgage lenders prefer a CLUD because it provides definitive legal certainty

A CLUD is the gold standard. Once issued, it is conclusive evidence that the development is lawful, and the local planning authority cannot take enforcement action. If time permits, a CLUD is almost always the better option.

Sources

• Town and Country Planning Act 1990, Section 191 (CLUD) — legislation.gov.uk
• Town and Country Planning Act 1990, Section 192 (CLUE) — legislation.gov.uk
• Town and Country Planning Act 1990, Section 171B (time limits for enforcement) — legislation.gov.uk
• Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations — legislation.gov.uk
• Gov.uk — Planning Portal: certificates of lawful use
• Town and Country Planning (General Permitted Development) (England) Order 2015 — legislation.gov.uk
• Gov.uk — Apply for a lawful development certificate
• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• RICS — Guidance on certificates of lawfulness
• UK Finance Mortgage Lenders' Handbook — ukfinance.org.uk

Frequently asked questions