Certificate of Lawfulness Secured from Fareham for a Converted Garage as a Residential Dwelling
Certificate of Lawfulness from Fareham Borough Council for a converted garage in Portchester, Fareham confirming continuous residential use for over four years, regularising the property's planning status.
COL APPROVALSFAREHAMHAMPSHIRE
Andrew Ransome
7/24/20262 min read
In 2025, Fareham Borough Council issued a Certificate of Lawfulness confirming that a converted garage in Portchester had been in continuous use as an independent residential dwelling for more than four years, making the use lawful under the four-year rule.
I assembled a comprehensive evidence package and presented a clear legal case to regularise the property's planning position.
Garage to House Conversion Confirmed Via the 4-Year Rule
I secured a Certificate of Lawfulness from Fareham Borough Council for a property in Portchester.
The building in question was a detached garage to the rear of an existing dwelling that had been converted and extended around 2019–2020, and had since been used continuously as an independent self-contained residential unit.
The client needed formal legal recognition of the building's residential status — both to protect against future enforcement action and to enable the property to be mortgaged, insured and sold in the normal way.
A Certificate of Lawfulness under Section 191 of the Town and Country Planning Act 1990 was the appropriate mechanism.
For a change of use to a single dwellinghouse, the four-year rule applies: once the use has been continuous for four years without enforcement action, it becomes immune from enforcement and the Council must issue a certificate if the evidence meets the balance of probability standard.
I worked with the client to assemble a comprehensive evidence package. This included tenancy agreements, utility bills, council tax records, photographic evidence and statutory declarations — all organised into a clear timeline demonstrating continuous residential occupation since the conversion was completed.
Fareham Borough Council was satisfied that the evidence met the balance of probability standard and issued the Certificate of Lawfulness.
Planning Application Advice
If a converted building on your property has been in residential use for four or more years, a Certificate of Lawfulness is the way to regularise its status. 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
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