Your conveyancer just asked for an LDC. What now?
Exchange in a few weeks. Buyer's solicitor wants proof your extension, loft conversion or garden office was lawful. Here's the honest play.
Why your conveyancer is asking
Any buyer's solicitor's job is to close out title questions so their client doesn't inherit a problem. When an extension, loft conversion or outbuilding shows up in the legal pack and there's no planning permission on record, they have to ask: was this permitted development? Because if it wasn't, and the council finds out later, their buyer could face enforcement action, a forced reversal, and an uninsurable liability at future sale.
They're not being awkward. They're doing their job. You just need to answer their question, cleanly and permanently.
Your three options
1. Lawful Development Certificate, the permanent answer
The council issues a written certificate confirming the development was (or is) lawful. Total cost with us: £613 (£349 to us + £264 statutory council fee). Timeline: 8–12 weeks from submission. Settles the question permanently, you won't face the same conversation with the next buyer, or the next.
Best choice when: you've got enough time in the transaction, the buyer's solicitor has specifically asked for an LDC (some won't accept indemnity), or the work was done within the last 4 years (indemnity insurers start getting twitchy about newer unauthorised work).
2. Planning indemnity insurance, the speed patch
A one-off premium (£20–£300 depending on the property) that pays out if the council actually enforces against the unauthorised work. Same day turnaround.
Limits of indemnity:
- Doesn't resolve the lawfulness question, just insures the consequences of it.
- Next sale, the new buyer's solicitor asks the same question. You (or the next owner) pays for indemnity again.
- Many policies exclude known enforcement activity, so if the council has written to you about the work, indemnity won't cover it.
- Some buyer's solicitors won't accept indemnity at all and will insist on an LDC.
3. Renegotiate or withdraw
If neither option works for you in time, you can renegotiate the sale price to reflect the risk, or withdraw and deal with the LDC before re-listing. Most sellers we see don't want to do this, but sometimes it's the cleanest path.
Which one you want probably depends on timing
| How many weeks to exchange? | Recommended path |
|---|---|
| 12+ weeks | LDC. You have time to get the certificate before exchange and settle it permanently. |
| 8–12 weeks | LDC, possible but tight. Have indemnity lined up as a fallback. Ask the buyer's solicitor if they'd accept "LDC application pending at time of completion" with the council reference number. |
| 4–8 weeks | Indemnity insurance, probably. Or renegotiate completion date to push exchange by 4–6 weeks. |
| Under 4 weeks | Indemnity insurance, assuming the buyer's solicitor accepts it. If they don't, push the completion date. |
What we'd actually do if we were you
Run the intake form (5 minutes). If your project qualifies cleanly, start the LDC process today, the 8 week clock starts from submission, so the sooner we file, the sooner the certificate lands. If it doesn't qualify, we tell you for free so you can pivot to indemnity without wasting a penny.
If your buyer's solicitor won't accept indemnity, you don't really have a choice: it's LDC or find a different buyer. The good news is an LDC applied for now is an asset that stays with the house forever, whoever eventually buys, the question is permanently closed.
Start the 5 minute qualifier →Common conveyancer-panic scenarios
- Loft conversion from 2015, no Building Regs completion cert. LDC likely, s.191 retrospective. Evidence pack: dated photos, utility bills showing the loft address, insurance schedule. Building Regs is a separate question but can be resolved in parallel with a Regularisation Certificate.
- Single-storey rear extension from 2022. LDC straightforward, s.191 retrospective. If the rear projection is within 3m (attached) or 4m (detached) and it was single-storey, it was permitted development.
- Garden office built last year, with a kitchenette. This is a hard one. The kitchenette probably breaks the Class E "incidental use" rule based on recent Inspector decisions. Our intake form will tell you upfront, and if it won't qualify, you'll want the indemnity path.
Solicitor specifically saying "retrospective planning permission"? They usually mean an s.191 LDC, not a retrospective planning application — the distinction matters because the LDC is cheaper, non-discretionary, and permanent.