CLEUD (Section 191) vs CLOPUD (Section 192): Side-by-Side Comparison
The Town and Country Planning Act 1990 provides two distinct types of Lawful Development Certificate (LDC). Knowing whether you need a Section 191 certificate (for existing works/uses) or a Section 192 certificate (for future proposed works) is essential before submitting your application via the Planning Portal.
| Feature | CLEUD — Certificate of Lawful Existing Use or Development (Section 191) | CLOPUD — Certificate of Lawful Proposed Use or Development (Section 192) |
|---|---|---|
| Statutory Legal Basis | Section 191 of the Town and Country Planning Act 1990 | Section 192 of the Town and Country Planning Act 1990 |
| When to Apply | AFTER building works are completed or a use has run for 4 / 10 years | BEFORE starting building works or changing use under Permitted Development |
| Primary Purpose | Regularises historic unpermitted extensions, flats, HMOs, or condition breaches | Proves a proposed loft conversion, extension, or outbuilding is lawful PD |
| Standard Application Fee (England) | Same fee as an equivalent Full Planning Application (e.g. £258 householder / £578 per flat) | Half (50%) of the normal planning fee (e.g. £129 for householder PD) |
| Key Evidence Required | Sworn Statutory Declarations, Council Tax, tenancies, dated bills, aerial photos | Scaled existing and proposed architectural drawings showing GPDO compliance |
| Statutory Decision Target | 8 Weeks from validation | 8 Weeks from validation |
The Legal Standard of Proof for a CLEUD ('Balance of Probabilities')
When applying for a Section 191 CLEUD under the 10-year rule (or transitional 4-year rule), the council does not assess whether your extension or flat conversion complies with the Local Plan. Instead, the council's legal and planning officers assess one question: has the breach subsisted continuously for the statutory period without enforcement action?
Under established case law (F.W. Gabbitas v Secretary of State [1985] and enshrined in the national Planning Practice Guidance), the standard of proof is the civil 'balance of probabilities' (more likely than not), NOT the criminal standard of 'beyond reasonable doubt'. Furthermore, if the applicant's own evidence is ' sufficiently precise and unambiguous', the council cannot refuse the certificate if it holds no contradictory evidence of its own.
When claiming immunity for an unauthorized change of use to a flat or HMO, the use must have been continuous throughout the entire 4-year or 10-year qualifying period. Under the Supreme Court judgment in Secretary of State v Thurrock Borough Council [2002], if the property stood empty for several months for major refurbishment—where the council could not reasonably have taken enforcement action against the use—the immunity clock resets to zero!
Gold-Standard Documentary Evidence for a Section 191 CLEUD
To win a Section 191 CLEUD first time, assemble a chronological evidence bundle covering every single year of the qualifying 4-year or 10-year period:
1. Sworn Statutory Declarations: Formal statements drafted under the Statutory Declarations Act 1835 and witnessed by an independent Solicitor or Commissioner for Oaths from the owner, builder, tenants, or neighbours stating exact dates and facts.
2. For Operational Building Works (Extensions/Outbuildings): Dated builder invoices, Building Control completion certificates, FENSA window certificates, dated smartphone photos with EXIF metadata, and Google Earth / Bluesky historical dated aerial imagery.
3. For Changes of Use (Flats / HMOs / Commercial): Signed Assured Shorthold Tenancy (AST) agreements, bank statements showing monthly rent receipts, separate Council Tax valuation band bills, independent utility meter bills (gas/electricity/water), and Electoral Roll registrations.
Step-by-Step Checklist to Submit Your Lawful Development Certificate
Follow this 5-step process to secure your CLEUD or CLOPUD: