Building the evidence for a certificate of existing development
A certificate of existing lawful use or development is decided on the balance of probabilities, and the practical consequence is that the quality of the evidence, not the strength of the belief, determines the outcome. Councils are used to these applications and know what persuasive evidence looks like, so it is worth assembling it deliberately rather than sending what happens to be in a drawer. Dated photographs are the strongest single item, particularly ones that incidentally show the work in the background of a family occasion with a verifiable date. Invoices, quotations, delivery notes and bank statements establish when money was spent and on what, and a builder’s or architect’s file, where it survives, can be decisive. Council tax records and the electoral roll help establish occupation and, where the question concerns the number of dwellings or a shared use, are frequently the most useful evidence available. Aerial imagery and street-level photography from commercial mapping services carry dates and are widely accepted for establishing when a structure appeared. Statutory declarations from neighbours, former owners or contractors — sworn statements of direct knowledge — carry real weight, and several consistent declarations from independent people are far stronger than one. Two points on strategy. First, the burden is on the applicant, so an application submitted with thin evidence in the hope that the council cannot disprove it is the wrong way round and tends to be refused. Second, timing matters more than people expect: evidence decays, previous owners become uncontactable, and photographs are deleted, so a certificate is markedly easier to obtain shortly after a purchase than at the point of the next sale. Where the position is genuinely uncertain, taking advice before applying is worthwhile, because a refusal is a matter of record and makes the next attempt harder.