The four year rule explained

publication date: May 21, 2019
 | 
author/source: Guest article from Urbanist Architecture

The four year rule explained - (updated 2020)

 

Certificate of lawfulness application for existing use or development





Want to know more about 4 Year Rule?

If you need a formal decision from your council to show that your existing use or development is lawful, then you can submit an application for a Certificate of Lawfulness. This is sometimes known as 4 Year Rule Planning.

Perhaps you’ve heard of a Certificate of Lawfulness, which you can obtain after 4 years by using the Four Year Rule. We're going to show you how you can use this to get your building back on the right side of the planning rules.

 

What is a Certificate of Lawfulness for Existing Use or Development?

A certificate of lawfulness is a legal document rather than planning permission.

At Urbanist Architecture we regularly make Certificate of Lawfulness applications on behalf of our clients to regularise their unauthorised development and make sure they don't face enforcement proceedings by the council.

Maybe the most common example is if you own a house and have split it up into flats without realising that you need planning permission to do that. If, since then, you have rented it out continuously for at least four years - and you've got proof - then you can apply for a Certificate of Lawfulness using the Four Year Rule. This means that the council has accepted that your changes are permanent and won't try to get you to undo them.


Certificate of Lawfulness Applications secured by Urbanist Architecture for 3 self-contained flats


Why Should I Apply for Certificate of Lawfulness for Existing Use or Development?

What you are doing by applying for a Certificate of Lawfulness is asking the council to determine whether your unauthorised use or development has become lawful through the passage of time, and can be continued without the need for planning permission.

Fact: If you are selling your property, the buyer’s solicitor will ask you to provide this certificate. Or if you are applying to remortgage, your mortgage lender may request to see this certificate.

Want to know more about the Four Year Rule? Read on…


Why Should I Apply for Certificate of Lawfulness for Existing Use or Development?


Do I Qualify for the 4 Year Rule?

You can apply for a Certificate of Lawfulness if you can demonstrate that:

  • There has been a continuous use of land or buildings (other than a dwelling) for more than 10 years
  • A condition or limitation on planning permission has not been complied with for more than 10 years
  • Building or other operations have been completed for more than four years
  • A building (not land) has been used as a dwelling house (house or flat) for more than four years


"Four Year Rule: The only exception is where the use of a building is as a 'dwelling house' (which is what the planning department thinks of as use class C3 and what the rest of us call houses and flats). In this case, you can apply for a Certificate of Lawfulness after four years of continuous use." Ufuk Bahar

To date, we have prepared, submitted and managed hundreds of planning permission applications, and have maintained a 100% success rate with Certificate of Lawfulness applications!

 

How Can I Make a 4 Year Rule Application?

Let’s jump right in…

A 4 year rule application is all about evidence. What you and your architects and planners are trying to do is accumulate every scrap of information you can get your hands on to show that for every day for the last four years your building has been used for the purpose you want it to have from now on.

Here are just a few of the documents that you can use to do this – always remembering that these should cover the whole four years at least:

  • Tenancy agreements;
  • Electoral Roll (for both current and previous tenants);
  • Council tax bills;
  • Electricity, water and gas bills;
  • The title register;
  • Vehicle registration documents;
  • Dated photos indicating the previous use of the site or buildings and when the change was made;
  • Statements from people with personal knowledge of the existing use or works carried out and;
  • Maintenance bills (i.e. builder's bills, appliance repair bills, etc.).


..... but that's just a small sample of what can be assembled to make your case.

It’s not just a matter of cobbling together a bunch of documents, though. You need to use them to argue a clear and coherent case. That’s why it’s best if you put this task in the hands of an architect or planner who has a proven track record with the four year rule.

 

How Can We Help You?

To date, we have prepared, submitted and managed hundreds of planning permission applications, and have successfully maintained a 100% success rate with Certificate of Lawfulness applications!

If you are serious about taking advantage of the Four Year Rule (or 10 Year Rule), contact us now.

We will help you make a list of all the things you need and guide you through the Certificate of Lawfulness application for the Four Year rule process.

 

The Bottom Line

By now you’ll have realised that you will need to prove that there is a clear history of the function of the property being used for at least four years. If you want to establish the lawfulness of your property and obtain immunity from enforcement action (and the peace of mind that will bring), it is important that you seek professional advice when applying for a Certificate of Lawfulness.

Don’t risk your application being turned down, and come and speak to us today!


Certificate of Lawfulness Application secured by Urbanist Architecture for 9 self-contained flats

 


All our information is brought to you by Kate Faulkner OBE, author of Which? Property books and one of the UK's top property experts.
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