Law dictionary

established use certificate

established use certificate: A certificate issued by the local planning authority confirming that the use of premises is an "established use" and therefore not open to challenge. Established use certificates are no longer granted. Since 27 July 1992, the equivalent is a certificate of lawfulness of existing use or development (CLEUD) or a certificate of lawfulness of proposed use or development (CLOPUD) (sections 191 and 192, Town and Country Planning Act 1990).

A CLEUD or a CLOPUD will establish that:

• An existing use is, or a proposed use would be, lawful.

• Any operations that have been carried out or which are proposed, in, on, over or under the land are, or will be, lawful.

• Any other matter that constitutes a breach of condition or limitation subject to which planning permission has been granted, is lawful.

• Existing established use certificates are still valid and can be relied upon, however, and so their existence is still relevant for the buyer.

There is a procedure for converting an established use certificate into a CLEUD.

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