Certificate grantedPlanning cases

Certificate of lawful existing use (2 flats): 9 College Road, Reading

Reading RG6

The building had been used as two flats for over 20 years without formal permission. We prepared the plans and an evidence statement summarising the proofs of continuous use; the Council found the evidence clear and comprehensive and granted the certificate.

Location
Reading RG6
Status
Certificate granted
Project type
Planning cases

What we prepared

  • Existing plans
  • Statement of evidence
  • Lawful use confirmed

Lawful use for two flats

9 College Road in east Reading had been used as two flats for more than 20 years, without formal planning permission. The owner needed to regularise the position, which can be done with a certificate of lawful existing use.

Gathering evidence

A certificate depends on evidence, not design. We gathered and summarised proofs of continuous use, from documentary records of the occupation of each flat, into a clear statement of evidence that showed the flats had been in use for the necessary period.

Plans

We prepared existing plans and elevations showing the two flats as they are, so the certificate would describe the lawful use precisely.

Outcome

Reading Borough Council found the evidence clear and comprehensive and granted the certificate. The lawful use is now confirmed, which matters for mortgages, sales and any future applications.

The legal test

For a building used as flats without permission, a certificate of lawful existing use can be granted where the use has continued for the required period without enforcement action. The test is the balance of probabilities, so the evidence must be clear, consistent and precise about dates and the extent of the use.

Statement of evidence

Our statement organised the evidence by date and by flat, so the case officer could see continuous use at a glance. The cover of the statement is shown in the images.

Plans

The existing elevations and plans define the two flats so the certificate identifies exactly what is lawful.

When to apply

A certificate is worth seeking before selling or remortgaging a property with an unauthorised use, because buyers' solicitors and lenders will ask for proof.

Our role

We prepared the existing plans and elevations and the statement of evidence, and submitted the application to Reading Borough Council.

Outcome

The council found the evidence clear and comprehensive, and the certificate was granted.

Similar cases

We regularly help owners with lawful use certificates for flats, HMOs and outbuildings used as accommodation. Our certificates of lawfulness page explains what evidence is needed.

Benefits

With the certificate granted, the two flats have a confirmed lawful status, which protects them from enforcement and makes sale or refinancing straightforward.

Records

Our certificates of lawfulness work covers both existing uses like this and proposed works such as loft conversions.

Evidence quality

Consistent dates across documents matter most.

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