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Electric vehicle charging

Certificates for Lawful Development and Retrospective Approval

If you're considering installing an EV charger, or if you've already fitted one, knowing about these certificates is vital to ensure everything is above board regarding its legality.

Lawful Development Certificate (LDC)

Let's talk about the Lawful Development Certificate, often called an LDC. This important document officially confirms that a building project, whether it's something you're planning or something that's already finished, fully complies with planning rules. This means you're protected from any potential enforcement action from the planning authorities. You might want to apply for an LDC in two key situations:

  • For proposed work: Thinking of putting in an EV home charger under 'permitted development rights'? (These are rules that allow certain changes without needing full planning permission). While getting an LDC for proposed work isn't mandatory, it offers real assurance that your installation is entirely legal. This can be particularly reassuring if you're thinking about selling your home down the line. Remember, if you've already secured full planning permission, an LDC isn't necessary.

  • For existing work: What if you already have an EV home charger installed? If it was put in without formal planning permission, or if you're just not sure whether it met the permitted development criteria, an LDC can legally confirm that the work is lawful.

Should your LDC application be refused for work that's already completed, you could face demands to either undo the changes and restore the property to its previous condition, or you might need to apply for 'retrospective' planning permission (which means getting approval for something already done).

Regularisation Certificate (for Building Regulations)

Next up is the Regularisation Certificate, which deals with building regulations. Perhaps you, or even a previous owner, installed an EV charger but didn't get the necessary building regulations approval at the time. This might happen if the 'Building Control Body' (BCB) wasn't informed, or if the work wasn't carried out by a 'competent person' (someone qualified to do the job who can self-certify). If this sounds familiar, you'll need to submit an application for a Regularisation Certificate.

Be aware, though, that if your application is turned down, you could be asked to either remove the installation entirely and return things to how they were, or implement specific modifications suggested by the Building Control Body or your Local Authority.

The 10-Year Rule

There's a useful rule known as 'The 10-Year Rule'. Essentially, if an EV charger installation has been operational and continuously used for a decade (10 years) or longer, it can often be considered lawful automatically, even if no formal approval was initially sought.

For more comprehensive details on Lawful Development Certificates, including current application fees and the step-by-step process, please consult the dedicated pages on various consent types.

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Disclaimer

This guidance is for general information only and is not legal advice. Planning requirements vary by council and property. You should check your local planning authority's specific requirements before submitting an application or starting work. This guidance applies to England and Wales. When in doubt, contact your local planning authority or seek professional planning advice.

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