Certificate of Lawfulness

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What is it?

A Certificate of Lawfulness should be applied for via the Scottish Government's ePlanning Portal.

Certificate of Existing Lawfulness

You can apply for a certificate of existing lawfulness if you want a decision on whether an existing use of land, an operational development, or an activity that is not in line with a planning condition is lawful.

An application for a Certificate of Lawfulness for an existing use or development can be made when the owner discovers, in the course of selling the land or property, that planning permission was never given for the development, and they need to show possible buyers that the planning authority cannot take enforcement action.

Certificates of lawfulness are not relevant to situations where planning controls which apply to a listed building or conservation area may not have been complied with.

Requirements/Guidance to Submitting Certificate of Existing Lawfulness  

In addition to completing and submitting the application form, you will need to:

• Provide a location plan with the site clearly edged out with a red line to identify the site the application relates to using a scale of 1:1250and should show the position of the site in relation to at least two named roads and surrounding buildings.

Attach an appropriate scale bar to supporting drawings.

State the date the use, work, or other matter started, or the date the work was completed if it was carried out without planning permission.

• Give a personal justification for why you believe a certificate of lawfulness should be issued. The evidence should be convincing and unambiguous.
• Prove that any building work was finished more than four years before the date of your application or that any use has been carried on continuously for a period of 10 years (four years in the case of a home).
• Show which part of the land each use relates to in the plan accompanying the application if your application includes multiple uses, types of work, or other items.
• A statement outlining your interest in the land as well as the name and address of any other person and whether or not you have informed this person of your application.
• Pay any fee that is due under the fee regulations.

For more information, please visit ePlanning Client/Customer page.

Certificate of Proposed Lawfulness

A certificate of proposed lawfulness is essentially a way of getting a decision from the planning authority about whether a proposed use or proposed building work needs planning permission.

You should apply for a certificate of proposed lawfulness if you want a definite decision that a proposed use of land or a development is lawful and does not need planning permission or that if you go ahead with a proposed use of land or a development, you will not run the risk of future enforcement action by the planning authority.

Examples of when to Apply

When to Apply:

• When a change in planning law is expected and you want the planning authority to confirm the legality of your proposal,
• When a property is empty, and you want the planning authority to confirm that a proposed use is not a significant change of use. See the guide to use the class.
• If a site's planning permission status is unclear and the best solution is a slightly different use,
• When you want to carry out minor alterations you consider lawful to your property
• An application for a certificate may also be necessary if a present use will intensify or if it is unclear due to multiple uses.

The certificate of proposed lawfulness is not a planning permission and therefore, it is advised that you seek professional advice from a professional agent or architect.

Application Checklist

In addition to completing an online application and submitting an online application form, you will need to:

• Provide a location plan to clearly identify the site the application relates to.
• State the existing use, specify the class of use of the land on the date of your application, and describe the proposed use or work.
• Provide proof to support your application, such as plans and drawings.
• Show which part of the land each use relates to in the plan accompanying the application if your application includes multiple uses, types of work, or other items.

Pay any fee that is due under the Fee Regulations.