Outbuildings and conservatories

What is a certificate of lawfulness, and will the survey tell you to get one?

A certificate of lawfulness is a planning document about whether a use or a building is lawful. The survey will not tell the council to issue one, and it will not decide that a shed is permitted development. The Planning Portal explains the England outbuilding rules. Your solicitor explains whether a certificate is worth applying for. The survey tells you if the roof leaks.

Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.

What is the fuller explanation?

Buyers ask surveyors to “sign off the garden room”. Signing off is not the product. If the report says the building was not inspected, or that it looks recently built, those are prompts. They are not refusal of a certificate and not approval.

Applying for a certificate has a council fee that this page does not quote, because fees change and are not a repair cost. Do not subtract a guessed fee from the purchase price inside the condition ratings. Ratings do not contain prices.

What should you ask your surveyor?

  • Are you describing condition or age of the building?
  • Did you enter it?
  • Is there any paper the seller already gave you that you want noted?

What are the typical next steps?

  1. Ask the solicitor whether a certificate is the right tool or whether permission already exists.
  2. Use the survey for the fabric only.
  3. Do not pay for a certificate and a new roof and treat them as one defect.

Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.

Also asked about this

Is a certificate the same as building-regulations approval?

No. Planning lawfulness and building regulations are separate. You may need to ask about both.

Does the surveyor’s photo prove the building is old enough to be lawful?

A photo proves what it shows on that day. It does not prove a decade of use. The solicitor deals with evidence.

Sources