Planning Compliance Certificate Explained

When you put your home on the market, your buyer's solicitor will scrutinise the property's planning history. If an extension, outbuilding, change of use, or other development was carried out without planning permission, the solicitor will raise a pre-contract enquiry and may require evidence that the work is lawful before they advise their client to exchange. The document that resolves this concern is known as a planning compliance certificate — more precisely, a certificate of lawful existing use or development (CLEUD).

This guide explains what a planning compliance certificate is, how it differs from planning permission, the application process and costs, and when planning indemnity insurance may be a suitable alternative. It also covers what to do if an enforcement notice has already been served, and how to ensure your TA6 Property Information Form accurately reflects the position.

What is a planning compliance certificate?

The term “planning compliance certificate” is a colloquial phrase. In law, the document is called a certificate of lawful existing use or development (CLEUD) or, for proposed works, a certificate of lawful proposed use or development (CLPUD). Both are governed by sections 191 and 192 of the Town and Country Planning Act 1990.

A CLEUD is an official determination by the local planning authority (LPA) confirming that a specified use of land or a completed development is lawful. It is not a grant of planning permission — it is a legal declaration that the use or development has become immune from enforcement, either because it was carried out with planning permission at the time or because the relevant enforcement time limits have since expired.

For sellers, the most common scenario is a development that was completed some years ago without planning permission. Where the four-year or ten-year enforcement window (explained below) has closed, the LPA can issue a CLEUD confirming the development is now lawful. This certificate provides buyers and their solicitors with conclusive evidence that they cannot be required to undo the work.

Planning permission vs certificate of lawful development

Sellers sometimes confuse these two documents. The distinction matters when you are responding to a buyer's enquiries:

If you carry out development under permitted development rights and want certainty that no planning permission was required, you can apply for a CLPUD before starting — or a CLEUD afterwards. Many sellers discover that a previous owner obtained neither the permission nor the certificate, and it falls to them to resolve the matter on sale.

Enforcement time limits: the key to lawful development

The most important concept in planning compliance is the enforcement time limit. Once this period has passed without the LPA taking enforcement action, the development becomes immune from enforcement and can be certified as lawful.

Under the Town and Country Planning Act 1990 (as amended by the Levelling-up and Regeneration Act 2023), the standard enforcement time limits are:

The Levelling-up and Regeneration Act 2023 extended the four-year limit for operational development to ten years for breaches occurring on or after 25 April 2024. For work completed before that date, the old four-year rule still applies. If you are unsure which time limit applies, your solicitor can advise.

Once the relevant period has passed, the LPA cannot serve an enforcement notice or take any other enforcement action in respect of that breach. This is when a CLEUD application becomes straightforward to make, provided you have sufficient evidence of the completion date.

How to apply for a certificate of lawful development

A CLEUD application is made to the local planning authority for the area in which the property is located. In England, all applications must be submitted through the Planning Portal (planningportal.co.uk). In Wales and Scotland, separate portals and slightly different procedures apply.

Step 1: Gather your evidence

The LPA will only issue a CLEUD if you can demonstrate on the balance of probabilities that the development was substantially complete by the relevant date. Suitable evidence includes:

• Dated photographs showing the development (ideally timestamped or from an identifiable source such as an estate agent brochure)
• Builder's invoices, receipts, or contracts showing the date work was carried out
• Architect's or structural engineer's drawings dated at the time of construction
• Mortgage valuations or homebuyer reports from around the time of completion that reference the extension or alteration
• Old Ordnance Survey maps or satellite imagery showing the structure in place at the relevant date
• Statutory declarations from neighbours, previous owners, or other witnesses who can attest to when the work was done
• Historic property listings, sale particulars, or Land Registry title information

The stronger and more contemporaneous your evidence, the higher the chance of a successful application. Weak or uncorroborated evidence is the most common reason CLEUD applications are refused.

Step 2: Complete and submit the application

The application form requires you to describe the development in precise terms, state the relevant section of the 1990 Act under which you are applying, and explain why you believe the development is lawful. You will need to submit plans and a location plan, together with your supporting evidence.

Step 3: Pay the fee

In England, the fee for a certificate of lawful existing use or development is half the fee that would be payable for a planning application for the equivalent development, subject to a minimum of £120 (correct as at February 2026). For a typical residential extension or loft conversion, this is likely to be between £120 and £300. Check the current fee schedule on the Planning Portal before submitting.

Step 4: Await the decision

The LPA has eight weeks to determine a CLEUD application (the same statutory period as a planning application). Many local authorities deal with straightforward cases within four to six weeks. If the authority fails to determine the application within eight weeks, you can appeal to the Planning Inspectorate, but in practice it is usually faster to chase the LPA directly.

If the application is approved, the LPA issues the certificate. This is a definitive legal document and, once issued, cannot be revoked (unlike a planning permission, which can be challenged within six weeks by judicial review). It provides buyers and their solicitors with conclusive reassurance.

When the buyer asks about planning on your TA6 form

The TA6 Property Information Form requires you to confirm whether any alterations or building works have been carried out at the property, and whether planning permission and building regulations consent were obtained for each. You must answer honestly — providing inaccurate information on a TA6 can give rise to a misrepresentation claim after completion.

If permission was not obtained, you should disclose this and note whether you have a CLEUD, planning indemnity insurance, or are in the process of obtaining one. Your solicitor will then deal with any pre-contract enquiries from the buyer's solicitor. Do not be tempted to leave the question blank or answer “not known” if you are aware work was done without permission.

It is also worth checking your property certificate pack to see whether a CLEUD or planning permission was obtained at any point. The local authority search results and Land Registry title documents may also reveal relevant planning history.

Planning indemnity insurance: the alternative route

Where the enforcement time limit has passed but obtaining a CLEUD is impractical — for example, because you lack sufficient evidence or are under time pressure to complete the sale — planning indemnity insurance is the most common alternative.

A planning indemnity policy covers the buyer and their mortgage lender against the financial consequences of the LPA taking enforcement action. It does not certify the development as lawful; it simply insures against the risk of enforcement. For older developments where the enforcement period has long since passed, this risk is extremely low, which keeps premiums modest.

Premiums are paid once and the policy runs indefinitely, passing automatically to future owners of the property. Your solicitor can usually arrange a policy within a few days.

There is one critical condition: you must not contact the local planning authority about the work before obtaining the insurance. If the LPA becomes aware of the breach — for example, because you have enquired about regularising it — most insurers will refuse to issue a policy or will void an existing one. Decide between a CLEUD application and indemnity insurance before making any approach to the council, and discuss the options with your solicitor first.

CLEUD vs planning indemnity insurance: which to choose?

Planning compliance and building regulations: both may apply

It is important not to conflate planning compliance with building regulations compliance. These are entirely separate regimes with different enforcement bodies and different documentation requirements:

• Planning law (Town and Country Planning Act 1990) controls what can be built and where — administrated by the local planning authority.
• Building regulations (Building Regulations 2010) control how the work is constructed — administered by building control (either the local authority building control team or an approved inspector).

An extension may have been built under permitted development (no planning permission required) but still need building regulations sign-off. Conversely, a change of use may require planning permission but no building regulations approval if no physical works are involved.

If work at your property lacks both planning permission and building regulations sign-off, you need to address each one separately. See our guide on what to do if building regulations sign-off is missing for detail on the regularisation and indemnity insurance routes for building regulations. For sellers who have carried out extensions or loft conversions, both questions commonly arise together.

Specific situations where a certificate may be needed

Extensions

Rear and side extensions that exceed permitted development limits require planning permission. If the previous owner built a larger extension without applying, the four-year enforcement clock (for pre-April 2024 completions) or the ten-year clock (for later completions) begins running from substantial completion. If the relevant period has passed, a CLEUD can be obtained. Sellers of extended properties should also consider the building regulations position as a separate matter. For extensions specifically, our guide on hidden costs of selling a house covers how unresolved planning issues can affect your conveyancing timeline and costs.

Loft conversions

Many loft conversions fall within permitted development, but those involving hip-to-gable extensions, rear dormers exceeding permitted limits, or roof terraces generally require planning permission. The planning position needs to be verified alongside the building regulations position. For detail on conveyancing issues specific to loft conversions, see our guide on selling a house with a loft conversion.

Outbuildings and garden offices

Most outbuildings within certain size limits are permitted development, but those that exceed the limits (particularly if the property is in a conservation area or an Area of Outstanding Natural Beauty) require planning permission. A CLEUD or indemnity policy resolves the issue efficiently for structures that have stood for the relevant enforcement period.

Change of use

If part of a residential property has been used for business purposes, or if a garage has been converted to habitable space, there may be a planning requirement for a formal change of use consent. The ten-year enforcement limit applies to most change of use breaches (other than a change to a dwelling).

What if an enforcement notice has already been served?

An outstanding planning enforcement notice is a significantly more serious matter than an unresolved planning query. Unlike a general breach of planning control, an enforcement notice:

• Is registered as a local land charge and will appear in the local authority search results
• Runs with the land, binding any future owner regardless of when the work was done
• Specifies remedial action that must be taken by a set date
• Cannot be removed by indemnity insurance alone

If an enforcement notice has been served, you must comply with its requirements or appeal to the Planning Inspectorate within the time limit specified in the notice (typically 28 days from service). Failure to comply is a criminal offence. In most cases, a buyer's solicitor will refuse to allow a sale to proceed while an outstanding enforcement notice remains unresolved.

You should seek specialist planning law advice immediately if an enforcement notice has been served on your property. This is a matter that needs to be dealt with well before putting the property on the market.

Practical steps for sellers

1. Review your planning history. Check the planning portal for your local authority (or the national Planning Portal in England) to see what planning permissions and decisions are recorded against your property. This helps you identify any gaps before the buyer's solicitor does.
2. Identify any work done without permission. Consider all alterations, extensions, outbuildings, and changes of use that occurred during your ownership and, where possible, the ownership before you.
3. Discuss with your solicitor early. Your conveyancer can advise whether a CLEUD application or indemnity insurance is the appropriate route, and whether there is sufficient time to obtain a certificate before exchange.
4. Do not contact the LPA if you are considering insurance. If you are leaning towards indemnity insurance, avoid any approach to the planning authority. Once you make contact, the insurance route is typically closed.
5. Answer the TA6 honestly. Disclose the work and the status of planning consents accurately. Record what documents you have or are in the process of obtaining.
6. Address building regulations separately if needed. If the same work also lacks building regulations sign-off, that is a separate enquiry requiring its own documentation or indemnity policy.

Sources

• Town and Country Planning Act 1990, sections 171B, 191, 192 — legislation.gov.uk
• Levelling-up and Regeneration Act 2023 — legislation.gov.uk
• GOV.UK Planning Portal: Certificates of lawful use or development — planningportal.co.uk
• Planning Practice Guidance (PPG): Certificates of lawful use and development — gov.uk/guidance/use-of-planning-conditions
• Planning fees for applications in England (fee schedule) — gov.uk/guidance/fees-for-planning-applications
• Law Society Conveyancing Protocol, 5th edition — lawsociety.org.uk
• UK Finance Mortgage Lenders' Handbook — ukfinance.org.uk

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