DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer
A Certificate of Lawfulness allows someone to ask the council to formally confirm that a building, use, or activity is lawful in planning terms. This may be because planning permission is not required for what they want to do, or the development or use has existed for long enough that it is now immune from enforcement. Unlike a planning application, the council does not consider planning policy. It looks only at facts, law and evidence - such as time‑stamped photos, sworn statements, utility records or plans - to decide whether the use or development is lawful. If granted, the certificate gives certainty and protects the owner from future enforcement action by the council.
Legal status
Statutory
Duty category
Planning
Duty type
Compliance
Social determinant of health
Neighbourhood and environment
Emerging policy and legislation
1
National bodies with shared interest
Heads of Planning Scotland (HOPS)
Society of Local Authority Lawyers and Administrators in Scotland (SOLAR)
Standards and frameworks
1