Certificate of Lawfulness Approved by Havering for the Subdivision of a Property into 2 Dwellings
Certificate of Lawfulness from the London Borough of Havering confirming the lawful subdivision of a property in Romford into two self-contained dwellings, establishing that no planning permission was required under Section 191(2)(a) of the Town and Country Planning Act 1990.
COL APPROVALSHAVERINGLONDON
Andrew Ransome
7/22/20262 min read
In 2024, the London Borough of Havering issued a Certificate of Lawfulness confirming that the subdivision of a property in Romford into two self-contained dwellings did not require planning permission.
I built the case under Section 191(2)(a) of the Town and Country Planning Act 1990, establishing that the development was lawful by operation of law — specifically demonstrating that the use had been continuous for at least four years without enforcement action.
Certificate of Lawfulness for Subdivision of Dwelling in Romford, London
I secured a Certificate of Lawfulness from the London Borough of Havering for the subdivision of a property in Romford into two separate self-contained dwellings.
The application was for a Certificate of Lawful Development for an Existing Use under Section 191 of the Town and Country Planning Act 1990.
Section 191(2)(a) provides that a use of land is lawful if no enforcement action may be taken in respect of it, including where any enforcement time limit under Section 171B has expired.
For the change of use of a building to use as two or more separate dwellinghouses, the relevant enforcement time limit was four years from the date the breach began.
The Havering certificate application required me to demonstrate, on the balance of probability, that the subdivision had been in place continuously for a period exceeding four years at the date of the application.
Under the well-established case law principle in F W Gabbitas v SSE and Newham LBC, an applicant's own evidence does not need to be independently corroborated — provided it is sufficiently precise and unambiguous and the Council has no evidence of its own to the contrary.
I assembled a comprehensive evidence package comprising statutory declarations, council tax records, tenancy agreements and utility bills, all organised into a clear and well-evidenced timeline.
The London Borough of Havering was satisfied and issued the Certificate.
Planning Application Advice
If a property has been subdivided into two dwellings and you need to establish whether the use is now lawful, a Certificate of Lawfulness is the right route. Contact me to discuss your situation.
Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk
About me
Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.
He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.
Certificate of Lawfulness Successes
Permitted Development Information
Get in touch for planning advice: Email: andrew@andrewransome.co.uk
© 2026. All rights reserved.