When you or your planning agent/architect makes a planning application, an ownership certificate must be completed stating the current ownership of the land to which the application relates [ under Article 14 of The Town and Country Planning (Development Management Procedure) (England) Order 2015. ]
Did you know you can make a planning application on a site/land/plot that you do not own, as long as the land owner is notified?
It is important when completing a planning application that you do so correctly, as it is an offence, knowingly or recklessly, to complete a false or misleading certificate. If you need any assistance with your planning application, we can act as Agent on your behalf, giving you reassurance that this important application is in safe hands.
You will first need to identify whether you are the owner or not to ensure that the correct certificate is completed.
'Owner' means a person with a freehold interest, or leasehold interest with at least 7 years left to run.
'Agricultural tenant' has the meaning given in Section 65(8) of the Town and Country Planning Act 1990 (as amended).
'Agricultural holding' has the meaning given by reference to the definition of 'agricultural tenant' above.
There are 4 types of certificate: A, B, C and D.
In summary:
Certificate A - Sole Ownership and no agricultural tenants
Certificate B - Shared Ownership and/or agricultural holding (All other owners/agricultural tenants known)
Certificate C - Shared Ownership (Some other owners / agricultural tenants known
Certificate D - Shared Ownership (All other owners / agricultural tenants unknown
Now looking at each certificate in greater detail:
Certificate A:
Certificate A should only be completed if the applicant is the sole owner of the land to which the application relates and there are no agricultural tenants.
If the application involves a leasehold flat then certificate A does not apply as the applicant is not the sole owner. Similarly, Certificate A does not apply if there are agricultural tenants of the land to which the application relates. Therefore, in these circumstances, the applicant should complete certificate B, C or D.
CERTIFICATE OF OWNERSHIP - CERTIFICATE A - Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14
I certify/The applicant certifies that on the day 21 days before the date of this application nobody except myself/the applicant was the owner* of any part of the land or building to which the application relates, and that none of the land to which the application relates is, or is part of, an agricultural holding**
* 'owner' is a person with a freehold interest or leasehold interest with at least 7 years left to run. ** 'agricultural holding' has the meaning given by reference to the definition of 'agricultural tenant' in section 65(8) of the Act.
NOTE: You should sign Certificate B, C or D, as appropriate, if you are the sole owner of the land or building to which the application relates but the land is, or is part of, an agricultural holding.
Certificate B:
Certificate B should be completed if:
• the applicant is not the sole owner; or
• if any of the land to which the application relates part of an Agricultural Holding (even if the applicant is the sole owner and there are no agricultural tenants); and
• the applicant knows the names and addresses of all the other owners and/or agricultural tenants (e.g. this certificate will need to be served if the proposals encroach onto adjoining land).
Notice 1 should have been completed and sent to all other owners/agricultural tenants: https://ecab.planningportal.co.uk/uploads/1app/notices/notice1.pdf
This certificate is particularly useful in the event that you wish to make a planning application on land which you are in the process of purchasing, but where the land has not yet been officially transferred over in your name. Therefore, you can make a planning application on a site/land/plot that you do not own, as long as the land owner is notified.
CERTIFICATE OF OWNERSHIP - CERTIFICATE B - Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14
I certify/The applicant certifies that: I have/The applicant has given the requisite notice to everyone else (as listed below) who, on the day 21 days before the date of this application, was the owner* and/or agricultural tenant** of any part of the land or building to which this application relates; or The applicant is the sole owner of all the land or buildings to which this application relates and there are no other owners* and/or agricultural tenants**.
* 'owner' is a person with a freehold interest or leasehold interest with at least 7 years to run. ** 'agricultural tenant' has the meaning given in section 65(8) of the Town and Country Planning Act 1990.
Certificate C:
Certificate C should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners and/or agricultural tenants.
Notice 1 must be completed and sent to all known owners and/or agricultural tenants. Where the owners or agricultural tenants are unknown, Notice 2 needs to be published in a local newspaper.
CERTIFICATE OF OWNERSHIP - CERTIFICATE C - Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14
I certify/The applicant certifies that: - Neither Certificate A or B can be issued for this application - All reasonable steps have been taken to find out the names and addresses of the other owners* and/or agricultural tenants** of the land or building, or of a part of it, but I have/the applicant has been unable to do so.
* 'owner' is a person with a freehold interest or leasehold interest with at least 7 years left to run. ** 'agricultural tenant' has the meaning given in section 65(8) of the Town and Country Planning Act 1990.
Certificate D:
Certificate D should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners and/or agricultural tenants.
Notice 2 needs to be published in a local newspaper.
CERTIFICATE OF OWNERSHIP - CERTIFICATE D - Town and Country Planning (Development Management Procedure) (England) Order 2015 Certificate under Article 14
I certify/The applicant certifies that: - Certificate A cannot be issued for this application - All reasonable steps have been taken to find out the names and addresses of everyone else who, on the day 21 days before the date of this application, was the owner* and/or agricultural tenant** of any part of the land to which this application relates, but I have/the applicant has been unable to do so.
* 'Owner' is a person with a freehold interest or leasehold interest with at least 7 years left to run. ** 'agricultural tenant' has the meaning given in section 65(8) of the Town and Country Planning Act 1990
I hope this post has been of use to you! Please do get in touch if you have any queries or concerns - British Home Design will be more than happy to help you with your planning application as well as designs for your upcoming project!