Can the LPA refuse a CLEUD if my evidence is patchy?

Yes — if balance of probabilities not met, refusal proper. Common gap: 3+ years missing aerial photography + no council tax/utility corroboration for those years. Strengthen with additional sworn declarations, builder testimony, neighbour evidence. If still refused, appeal under s195 with comprehensive bundle — appeal Inspector applies same test fresh.

Is a CLEUD permanent?

Yes — once issued, CLEUD is conclusive evidence of lawfulness (s191(6)). Cannot be revoked except for proven false statement in application (s193(7)). Survives sale + transfers to new owner with property. Lender + buyer reliance well-established. Worth getting early before any sale activity.

What is the difference between CLEUD and CLOPUD?

CLEUD (s191) — Certificate of Lawful Existing Use or Development — confirms what already exists is lawful (post-construction). CLOPUD (s192) — Certificate of Lawful Proposed Use or Development — confirms what you propose to build/do would be lawful (pre-construction, typically for PD eligibility). Same £230/£462 fee structure, same 8-week determination, same evidential approach.

CLEUD Certificate Lawfulness Existing Use London | Builderr

How to Apply for a Certificate of Lawfulness of Existing Use?

A Certificate of Lawfulness of Existing Use or Development (CLEUD, s191 TCPA 1990) is formal LPA confirmation that existing development or use is lawful — typically via time immunity (10-year rule post-LURA 2023, or saved 4-year rule). Application fee £230 (householder); £462 standard. 8-week target determination. Evidence: dated aerial photos, utility bills, council tax records, sworn affidavits, building invoices. Once issued, CLEUD is conclusive — cannot be revoked except for false statement.

When + why to apply

CLEUD application made under s191 TCPA 1990 to confirm: (1) existing use of building/land is lawful (time-immune or never required permission); (2) existing operations (extension, change of structure) are lawful (time-immune); (3) failure to comply with condition is lawful (time-immune). Why apply: (a) mortgage/sale — buyer's solicitor will require CLEUD on any unauthorised-looking works (extension without visible planning history); (b) enforcement protection — pre-emptively secures immunity status before LPA investigates; (c) record clarity — formal LPA record removes future doubt. Distinct from CLOPUD (Certificate of Lawful Proposed Use or Development, s192) which confirms lawfulness of a proposed scheme. Fee: £230 for householder works; £462 for standard. Application via Planning Portal or direct to LPA. Determination 8 weeks statutory (often 10–14 weeks reality). Refusal can be appealed under s195 — fresh PINS appeal with full grounds.

Evidence package + common refusal reasons

Burden of proof on applicant — balance of probabilities standard. Evidence types: (1) Aerial photography — historical Google Earth Pro timeline (free), getmapping.com paid commercial-quality, Bluesky historical archives — must show extension/use existed at each year of immunity period; (2) Council tax records — annual bills referencing dwelling configuration; (3) Utility bills — gas, electricity, water with installation dates matching claimed period; (4) Insurance documents — buildings insurance schedule references property dimensions/configuration; (5) Builder invoices + receipts — original construction or modification evidence; (6) Sworn statutory declarations — from neighbours, postman, regular deliveries — must be sworn before solicitor or Commissioner for Oaths, dated, specific (not vague 'always been there'); (7) Photographs — dated personal/family photos showing structure; (8) Land Registry — title plans showing structure as registered. Common refusal reasons: insufficient continuity (gaps in evidence years); use changed between original immune use + current; subdivision/alteration broke continuity; new operational work within last 10 years restarted clock. Pre-application engagement with LPA case officer often clarifies evidence gaps before formal submission — recommended for complex cases.