4 year rule vs 10 year rule

Legal Framework for Converting a House into Flats

Understanding Material Change of Use

According to section 171 B(1.2) of the Town and Country Planning Act 1990, converting a single dwellinghouse into two or more separate dwellinghouses constitutes a material change in use. Section 55(3)(a) supports this by noting that each newly created dwellinghouse is considered a distinct use. Importantly, this change is protected by the four-year rule.

Criteria for Established Use

For a property to qualify as an established use under the Town and Country Planning Act 1990, it must meet the following criteria:

• The premises must be a self-contained unit designed or adapted for residential purposes, with facilities for cooking, eating, and sleeping.
• It must be used as a dwellinghouse, either permanently or temporarily, by one or more people living together as a single family.

In such cases, the use would be established after four years.

Burden of Proof and Local Planning Authority (LPA) Considerations

The burden of proof lies with the appellant. The relevant test for evidence is “the balance of probability.” An LPA should not reject a certificate simply because the applicant did not meet the stricter criminal standard of “beyond reasonable doubt.” Moreover, the applicant’s evidence does not need independent corroboration to be accepted. If the LPA lacks evidence to counter the applicant’s version, and the applicant’s evidence is clear and precise, the LPA should grant the certificate based on the balance of probability.

Conflicting Case Law

Conflicting case law suggests that a ten-year period might be required for flats, as flats are sometimes not considered dwellings. For specific cases, please contact 4D Planning to discuss the details and determine the best approach for obtaining a lawful development certificate.

For an example of a house conversion into residential units, see here.

Additional Case Studies

4D Planning offers numerous case studies, including conversions of houses to flats, shops to flats, and commercial or industrial units to flats under Prior Approval. We can help you obtain a Lawful Development Certificate for Existing Use.

For more information, please see our Case Studies page.

What Information Do I Need to Provide the Council for Established Use?

For Flats that Have Been in Use for Over 4 Years:

1. Tenancy agreements (for a period of no less than 4 years)
2. Council tax bills for each flat
3. Utility bills addressed to each flat
4. Affidavit*
5. Statutory declaration*
6. Receipt/Invoice from builders
7. Photographs with dates
8. Certificate of completion of works from Building Control
9. Electoral roll for each flat

* Please note – a statutory declaration is not usually sufficient on its own and the Council is likely to expect other evidence as well, so that the balance of probability is in favor of the established use.

For Commercial Properties that Have Been in Use for Over 10 Years:

1. Tenancy agreement (for a period of no less than 10 years)
2. Photographs with dates
3. Receipt/Invoice from builders
4. Affidavit
5. Statutory declaration
6. Business Rates (for a period of 10 years)
7. Certificate of completion of works from Building Control
8. Records from Companies House
9. Tax Returns with address of the business
10. Utility Bills

The above list is only a summary of the most common evidence materials that may be accepted by the council, and is not exhaustive. For specific advice regarding your established use application, please contact a planning consultant at 4D Planning.

What the Applicant Needs to Prove:

It is up to the person applying for a Lawful Development Certificate for an existing use to show the proper evidence. This could include:

• Proof that any building was ‘substantially complete’ more than four years before the date of the application
• Proof that any use (or breach of condition) has been carried on continuously for a period of 10 years (four years in the case of a dwelling)

If the LPA has evidence, or reasonable grounds to believe, that the applicant’s claim is not correct, it may refuse a certificate.

Lawful development certificates are not relevant to situations where breaches of listed building or conservation area controls may be alleged.