Certificate of Lawfulness of Proposed Works
A Certificate of Lawfulness of Proposed Works is a document that is issued to confirm that proposed works to a listed building do not contravene section 38 of the Planning (Listed buildings and conservation areas) Act 1990. This means that any works of alteration or extension (but not demolition) of a listed building do not need listed building consent, as the character of the building is not affected.
Certificates can only be issued for works which have yet to be commenced and cannot be issued retrospectively for works already done. When a certificate is issued, works must be carried out within ten years.
If someone is satisfied that the works they wish to carry out do not require listed building consent then they can proceed without submitting a certificate application to their local planning authority, since there is no obligation to apply for one. The application process, as well as procedures for appeals against refusal or non-determination, are covered in the Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014.
It is the responsibility of the certificate applicant to supply appropriate evidence demonstrating that the works that are proposed do not require listed building consent. The local planning authority may refuse the application if they have reasonable grounds to believe otherwise. An application should contain the following information:
- A detailed description of the proposed works (including details about the materials, finishes, and so on).
- Details about the part/s of the building affected.
- Reasons why the certificate is necessary (i.e. why the works do not affect the character of the listed building).
- The applicant’s interest in the building (i.e. ownership, tenancy, etc.).
- Details of the listed building’s grading.
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