What is a change of use?

A change of use (or material change of use) is when a building or piece of land is used for a purpose belonging to a different planning use class than its current use. The Town and Country Planning (Use Classes) Order 1987 (as amended) groups uses into classes: C3 (dwelling houses), C4 (houses in multiple occupation), E (commercial, business, and service - including offices, retail, cafes, and light industrial), and others. Moving between classes constitutes development and generally requires planning permission, though permitted development rights allow some changes without permission.

Which changes of use are permitted development?

Several changes of use are permitted development in England (subject to conditions and prior approval in some cases): offices to residential (Class MA prior approval); certain commercial uses within Use Class E to residential; agricultural buildings to residential or commercial uses (Class Q, R, S prior approval); betting shops and payday loan shops to residential; amusement arcades to residential; and a number of changes within the commercial Use Class E (which allows most E-class uses to change to other E-class uses without permission). These rights may be removed by Article 4 Directions in some areas.

Does a change of use require Building Regulations?

Yes, in most cases. Converting a building from one use to another typically requires Building Regulations approval because the standards that must be met vary between uses. Converting an office to a house (for example) requires the new dwelling to meet Part L (energy), Part B (fire), Part M (accessibility), Part F (ventilation), Part P (electrics), and structural requirements under Part A, even if the planning permission (or prior approval) does not specifically require any physical changes. Building Regulations approval for the change of use is separate from and in addition to any planning permission or prior approval required.

What is a material change of use?

A material change of use is a change that is significant enough to constitute development requiring planning permission - as opposed to a minor change within the same use class that does not require permission. Not every change in how a building is used is material: a factory switching from producing one type of product to another within the same industrial use class is not a material change. Converting that factory to offices is a material change of use. Whether a change is material depends on its scale, frequency, and impact on the surrounding area - factors assessed by the LPA when determining whether enforcement action is warranted.

Planning noun

Change of Use

/ tʃeɪndʒ ɒv juːs /

Also known as: material change of use, use class change, conversion, prior approval

Definition

A change of use is a material change in the planning use of a building or land from one use class to another - for example, office to residential, retail to cafe, or agricultural barn to dwelling. It constitutes development under the Town and Country Planning Act and generally requires planning permission unless it falls within Permitted Development rights. The use classes framework groups uses into categories (C3 residential, E commercial, B2 industrial, etc.) and movements between classes are the trigger for planning control.

In practice

The most common change of use questions for private individuals relate to: converting a commercial property or outbuilding to residential use; converting a house to a house in multiple occupation (C3 to C4); converting an agricultural building to a dwelling under Class Q permitted development; and adding a business use (studio, office, workshop) to a domestic property. Working from home at a desk is not a change of use; running a business from home that generates customer visits, deliveries, or noise may be.

Class MA permitted development (offices and many other E-class uses to residential) has been widely used since 2021 - it allows office-to-residential conversions with only prior approval (checking transport, contamination, flood risk, and impact on existing commercial areas) rather than full planning permission. However, Building Regulations approval is always required for the conversion, and the resulting dwellings must meet all applicable standards for new residential accommodation.

Building Regulations

PlanningTCPA 1990 + Use Classes Order 1987 (amended 2020)

Building RegsAlways required for change of use - separate from planning

Office to residentialClass MA prior approval (not full planning permission)

Barn to dwellingClass Q prior approval - structural shell must pre-exist

A change of use always triggers Building Regulations requirements for the new use, even when the physical fabric of the building is unchanged. Regulation 5 of the Building Regulations 2010 specifically covers material changes of use. Converting a building to a dwelling requires it to meet Parts A (structure), B (fire safety), C (moisture), E (sound), F (ventilation), L (energy), and M (access) as if it were a new dwelling - this often requires significant upgrading works beyond what would be apparent from the shell of the building alone.

Full Building Regulations guidance

Change of Use

Just so you know...