Certificate of Lawfulness Secured for a Dwelling in Fareham

We’re delighted to share the successful outcome of a recent planning case in Portchester, Fareham where we secured a Certificate of Lawfulness confirming the use of a converted garage as a self-contained residential dwelling.

Background to the Case

The property in question, situated in a well-established urban area of Fareham, comprises a detached outbuilding to the rear of the exiusting dwelling.

Originally a domestic garage, the structure was converted and modestly extended around 2019–2020. Since then, it has been in continuous residential use, operating independently from the main house.

The Planning Challenge

The key planning issue centred around the building’s legal status as an independent residential unit.

Our client sought formal recognition that the outbuilding had been in lawful use as a Class C3 dwellinghouse for over four years—meeting the threshold for immunity from enforcement action under Section 171B of the Town and Country Planning Act 1990.

The challenge lay in demonstrating, “on the balance of probability,” that this use had occurred uninterrupted for the necessary period.

Our Approach

To support the application, we prepared a comprehensive evidence package. This included statutory declarations from both the property owners and the current occupiers, tenancy agreements dating back to early 2020, utility and Council Tax records, and a building control completion certificate confirming the residential conversion was finalised in January 2020.

Notably, no objections or representations were received during the Council’s consideration of the case.

Furthermore, the Council’s own Electoral Services records corroborated our evidence—confirming that the current occupiers had been registered as residing at the address since March 2020.

The Outcome

Finding no contradictory evidence, and satisfied that the residential use had been ongoing for over four years, the Local Planning Authority issued a Certificate of Lawfulness.

This formally confirms that the dwelling is lawful and immune from enforcement action.

This result gives our client peace of mind and full planning certainty regarding the property’s future. It also adds considerable value by unlocking the potential for future sale or refinancing as a recognised independent unit.

Do You Have a Converted Outbuilding in Long-Term Residential Use?

Many homeowners across the UK have created valuable accommodation by converting garages, outbuildings, or annexes. But without formal planning status, these spaces can remain legally uncertain—posing risks when selling, remortgaging, or letting.

If you have a converted building in continuous residential use for four or more years, you may be eligible for a Certificate of Lawfulness.

How We Can Help

We specialise in navigating the lawful development process, preparing robust evidence packages, and liaising with local authorities to secure approvals. Whether you’re looking to regularise an existing use or explore future development options, we’re here to help.

Get in touch today to discuss your project and how we can help you turn past works into planning certainty.