What is a Lawful Development Certificate?
A Lawful Development Certificate (LDC) may be submitted in cases where the owner of an HMO wishes to have its historic use confirmed.
The submission of a LDC will allow the City Council to make a determination as to whether the use is lawful for planning control purposes on the dates specified in the application.
Once it is granted, the LDC remains valid for the use or development described in it, on the land it describes, provided there is no subsequent material change in the circumstances at the premises.
What type of information will I need to provide to support a Lawful Development Certificate application for houses in multiple occupation?
The following is a list of supporting information that will assist the City Council in determining Lawful Development Certificate applications for HMO accommodation:
- Details of the occupiers of the property in the previous ten years setting out the number of occupants, when persons moved in and out and their relation to the owner of the property and form of occupation (tenant, relative, guest etc).
- A copy of tenancy agreements, or if not available, whether
rents were payable or provided, in respect of the persons occupying the accommodation.
- Details of the form of accommodation to demonstrate that the occupants share one or more basic amenities such as toilet, bathroom or kitchen/cooking facilities.
- Signed statement from the owners of the property/tenants confirming that the tenancy agreements and tenants set out in 1 and 2 were carried out and completed in accordance with the agreements and accounting for any gaps between one tenancy agreement ending and another starting and setting out reasons for when the property was empty.
- In cases where the applicant is applying on the basis of a lawful Class C4 use based on the property benefiting from permitted change from Use Class C3 to Class C4 from 1 October 2010 and prior to the Article 4 Direction coming into force, a signed statement from the owner/tenant confirming the number and form of occupation prior to that date.
- A plan of the property showing the layout of rooms.
- Application form duly signed and dated.
- 1:1250 location plan with the property outlined in a red line.
- Application Fee.