A correct ownership certificate must be completed on all planning application forms stating the current ownership details of the land to which the application relates. The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership but you must inform those who do own or have interest in the site. It is an offence to complete a false or misleading certificate, either knowingly or recklessly, with a maximum fine of up to £5,000.
Different Types of Certificate
- Certificate A – Sole Ownership and no agricultural tenants
This should only be completed if the applicant is the sole owner of the land to which the application relates and there are no agricultural tenants.
- Certificate B – Shared Ownership (All other owners/agricultural tenants known)
This should be completed if the applicant is not the sole owner, or if there are agricultural tenants, and the applicant knows the names and addresses of all the other owners and/or agricultural tenants.
- Certificate C – Shared Ownership (Some other owners/agricultural tenants known)
This should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners and/or agricultural tenants.
- Certificate D – Shared Ownership (None of the other owners/agricultural tenants known)
This should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners and/or agricultural tenants.
If the correct certificate has not been served the application will not be valid, and therefore cannot be determined by the local planning authority. Whilst it is paramount you get the ownership details correct on a planning application form, ownership of the site is not a consideration when determining a planning application.
In 2018 an appeal was refused by the housing secretary James Brokeshire for a 1,200 home scheme in Warrington due to it being “very difficult to see how the scheme can be regarded as deliverable” due to site ownership issues. Weight should not be given to the deliverability of the proposal as it is not a material consideration in the determination of any development proposal.
This specific application will now go back to the current housing secretary Robert Jenrick for fresh consideration in the light of the judge’s ruling to overturn the secretary of states refusal.
Further information on this decision can be found Judge overturns secretary of state’s ‘muddled’ 1,200-home refusal
11 October 2019