VT01 Evidence and Solicitor-Letter Readiness Guide

A D2 solicitor’s letter is required for the new-station and takeover routes identified on the current VT01. It is not simply a template letter. The solicitor must be able to support four conclusions about the proposed authorised examiner and the MOT premises.

This guide is for applicants who are still checking whether their legal entity, lease or rental agreement, permitted use, exclusive areas and planning evidence are ready. It does not replace the current VT01, the MOT testing guide or advice on a particular application.

If your documents already support the required D2 statements and you are ready to prepare the application, use our VT01 application-support service. You can also see our dedicated fees page or call 0203 524 5439.

Step 1: identify the applicant before reviewing the premises

The authorised examiner is the legal entity in full control of MOT testing. It may be a sole trader, partnership or company. For a company, the authorised examiner is the company itself, not its director, shareholder or trading name.

Check:

• the exact legal name and company number;
• whether the entity existed when the occupation agreement was made;
• whether the same entity is the owner, tenant or party to the rental agreement;
• whether a trading name is being confused with the legal applicant; and
• whether a business purchase involves a new authorised-examiner application because AE status does not transfer.

If the lease is in a director’s name, an old company’s name or the name of a business that existed before the proposed company was incorporated, do not assume it can support the new entity. A fresh agreement, effective assignment, novation or other legally sufficient remedy may be required.

Step 2: select the correct VT01 route

Do not build the evidence pack until you know whether the site is:

• genuinely new;
• currently testing under an outgoing authorised examiner;
• previously approved but no longer testing; or
• an existing vehicle testing station undergoing a change.

The route affects the required VT01 parts, surrender steps and D3 drawings. A currently testing takeover is not the same as reopening an inactive site. The May 2026 VT01 identifies D2 for new-station and takeover applications, while D2 is only “if relevant” for some changes.

Step 3: test the four D2 statements

1. Ownership, rental agreement or enforceable lease

The primary documents should identify the correct applicant, landowner or authorised grantor, premises, term and extent of occupation. Provide the complete document, including schedules, plans and signature pages.

Common gaps: the wrong entity; an agreement predating incorporation; an unsigned or draft document; a missing plan; unclear landlord authority; an expired term; missing consent; or incomplete execution.

2. Legal right to operate within the premises

The lease or rental terms must permit the intended garage and MOT activity. The legal review should address the permitted-use clause and any restrictions on trade, equipment, alterations, hours, access and customer use.

Common gaps: use restricted to storage or another trade; MOT activity not supported by the evidence; alterations requiring consent; or proposed equipment and customer access conflicting with the agreement.

3. Exclusive use for MOT testing

The evidence must identify the areas over which the applicant has the required exclusive use. This includes the relevant test bay, test facilities, office, security equipment, waiting, viewing and reception areas. Plans, shared access, other occupiers and any undefined or retained areas must be checked.

Common gaps: a shared reception or waiting area; a test bay outside the demise; an unidentified viewing area; informal occupation without enforceable rights; or a plan that does not match the proposed layout.

4. Planning permission or lawful planning status

The planning conclusion must come from the actual permission, lawful-use material, approved plans, conditions and other reliable evidence. A planning-register screenshot, an email saying that enforcement has not occurred or the appearance of an MOT lane on a drawing may not establish the lawful position.

Whether MOT testing is ancillary to an existing lawful garage use is fact-sensitive. It should not be presented as an automatic rule.

How we record VT01 evidence readiness

Each relevant D2 conclusion should receive one of three results:

• SUPPORTED: primary evidence supports the required statement;
• REMEDY REQUIRED: the statement cannot safely be made until the identified evidence or legal defect is addressed; or
• NOT IN SCOPE: the point requires an expanded instruction or the appropriate property, planning, surveying or technical advice.

The solicitor’s letter must be held if an applicable conclusion remains unsupported. Urgency cannot turn an evidential gap into a positive confirmation.

D3 drawings are a separate requirement

D2 concerns the legal premises letter. D3 concerns the site plan and fully dimensioned test-bay drawing for routes where the current form requires them.

The May 2026 VT01 says the site plan should show the premises, test bay, MOT noticeboard and access. The fully dimensioned bay drawing must include the observation area and MOT noticeboard location.

NA Law can arrange CAD drawings through an independent specialist where this is included in the agreed scope. The independent provider is responsible for the technical measurements and drawings. Its charge will be identified and approved separately before the work is commissioned. NA Law can coordinate the drawing with the legal and application documents, but DVSA remains responsible for deciding whether the proposed premises and layout meet its requirements.

Keep the legal-review documents separate from the DVSA submission pack

Current DVSA guidance says not to send the lease with the application unless DVSA asks for it; for a D2 route, the solicitor’s letter is submitted. That does not mean the underlying lease and planning evidence can be skipped during legal review.

Keep separate:

1. the primary documents reviewed by the solicitor;
2. the client-review pack used to verify the form and facts; and
3. the final DVSA submission pack required for the actual route.

Documents to collect

• the current VT01 and any DVSA correspondence;
• Companies House details for the applicant;
• the complete executed lease, rental agreement or ownership evidence;
• the title register and plan, or other landlord-authority evidence where relevant;
• all schedules, premises plans, consents, assignments or variations;
• full planning decisions, approved plans, material conditions and discharge evidence;
• lawful-use evidence if express planning permission is not the basis relied on;
• current layout information showing every relevant D2 area;
• the site plan and dimensioned test-bay drawing where D3 applies; and
• outgoing-AE surrender evidence for a currently testing takeover.

Frequent VT01 evidence problems

“The company trades there, so the lease must cover it”

Trading from premises does not prove that the proposed authorised examiner has the enforceable occupation right required for D2.

“The landlord is happy with it”

Informal approval may not cure an agreement that prohibits the use or fails to identify the correct entity and premises. Legally sufficient written evidence may be required.

“The council has never objected”

The absence of enforcement is not, by itself, proof that planning permission or lawful status is in place.

“The same bay was approved before”

Previous approval may affect the technical route, but it does not transfer AE status or automatically establish the new applicant’s occupation and planning evidence.

Frequently asked questions

Does every VT01 application need a solicitor’s letter?

No. The May 2026 VT01 requires D2 for a new station and for takeover applications, but marks D2 as “if relevant” for some AE or VTS changes. Check the application type and the form in force when the application is prepared.

Can a planning screenshot be enough?

Usually not on its own. The assessment may require the underlying decision, approved plans, conditions, lawful-use material and evidence of any material condition discharge.

Can an old agreement be replaced with a backdated document?

No. Evidence should not be backdated. Any remedy must be legally effective and the actual chronology must be explained accurately.

Does NA Law approve the MOT bay?

No. DVSA determines authorisation and technical compliance. NA Law’s role is limited to the agreed legal and application-support scope. Technical design, installation, measurement and surveying require the appropriate provider.

What happens after the evidence is ready?

Move to our VT01 application-support service for route confirmation, D2 drafting and an agreed application-support scope. Existing stations making a change should use the VT01 variation service.

Request a VT01 evidence consultation

Send the proposed entity details, complete occupation documents, premises plans, planning evidence and the exact application route or DVSA request. We will confirm the appropriate scope and fee in writing. No DVSA outcome or decision timetable can be guaranteed.

Go to the VT01 application-support service | See our fees | Call 0203 524 5439

Official sources

• Apply to open, run or change an MOT testing station — current VT01
• How to apply to open, run or change an MOT testing station
• MOT testing guide — Authorised examiners
• MOT testing guide — Requirements for authorisation

Last legally reviewed: 10 August 2026. This page provides general information, not advice on a particular entity, lease, planning position or VT01 application.