Section 191 and Section 192 � When Each Certificate Applies
s.191 certificate (existing use): confirms that an existing use of land or existing operations are currently lawful � either because planning permission exists/is not required, or because planning enforcement is time-barred. Enforcement time limits (TCPA 1990 s.171B): operational development � 4 years from substantial completion; change of use to a dwelling � 4 years (being extended to 10 years for breaches occurring after commencement of LuRA 2023 provisions � check current position); other material changes of use and breach of condition � 10 years. Evidence: statutory declarations from long-term occupants; aerial photography; rating records; utility bills; planning records � balance of probabilities standard. s.192 certificate (proposed use): confirms that proposed works or a proposed change of use would be lawful if carried out � most commonly used to confirm that proposed development is permitted development under GPDO 2015. LPA must issue if satisfied � no planning merits discretion; cannot refuse on design or amenity grounds. Application: 1APP Planning Portal; 8-week determination; appeal to PINS on refusal or non-determination (TCPA 1990 s.195); written representations. Transactional value: definitive legal confirmation; preferred over title indemnity insurance for mortgage lending and conveyancing.
LDC vs Planning Permission vs Prior Approval
LDC s.192 (proposed): confirms PD rights apply before carrying out works; provides security in transactions; mortgage lenders and conveyancers increasingly require it where works were carried out under PD; no merits assessment. LDC s.191 (existing): confirms time-barred enforcement for historical unlawful development; definitive evidence for buyers and lenders; displaces title indemnity insurance for the specific planning risk. Planning permission: required for development that is not PD, not an existing lawful use, and where a new permission is sought; merits-based LPA assessment; 3-year implementation period. Prior approval: required for certain PD categories (Class MA � commercial to residential; Class Q � agricultural to residential; Class R � agricultural to commercial); LPA considers only specified criteria (materials; flooding; contamination; transport; noise); less extensive than planning permission. LDC in conveyancing: where a seller claims works were PD, the buyer's solicitor will typically require a planning permission, a s.191/s.192 LDC, or (as a last resort) title indemnity insurance � the LDC is the most robust option.