What Is Change of Use?
Change of use occurs when the use of a building or land changes from one category to another in a way that constitutes a material change of use. Not every change in how a building is used requires planning permission - the critical question is whether the change is material and whether it crosses a Use Class boundary.
The general principle: changing a building's use between different Use Classes almost always needs planning permission. Changing use within the same Use Class does not.
The Use Classes Order
The Town and Country Planning (Use Classes) Order 1987 (as amended) divides uses into classes. The main classes relevant to residential projects:
| Use Class | Examples |
|---|---|
| Class C3 - Dwellinghouse | Single family home, small HMO (up to 6 people) |
| Class C4 - HMO | House in multiple occupation (3-6 unrelated people) |
| Class E - Commercial | Shops, offices, cafes, light industry, gyms |
| Sui Generis | Pubs, takeaways, casinos, petrol stations (each unique) |
Changes Requiring Full Planning Permission
- Converting a house (C3) to a large HMO of 7+ people (Sui Generis)
- Converting a pub or takeaway to residential
- Agricultural building to residential (outside specific PD rules)
- Converting a residential property to a commercial use
- Any change where the use has a significantly different impact on the local area
Prior Approval - Commercial to Residential (Class MA)
Class MA of the GPDO 2015 allows the conversion of Class E commercial premises (shops, offices, cafes, gyms) to Class C3 dwellinghouses via a Prior Approval application rather than full planning permission. This is a streamlined process but is not automatic - you must apply for Prior Approval and the LPA assesses specific issues including flooding, contamination, transport impacts and natural light.
Class MA Prior Approval conditions include:
- The building must have been in Class E use on 1 September 2020 (or continuously since then if it changed use after)
- The site must not be in Article 2(3) land (National Parks, AONB, World Heritage Sites, conservation areas)
- Each dwelling must have adequate natural light in all habitable rooms
- Minimum floor area: 37m² per dwelling
Prior Approval is not automatic: The LPA has 8 weeks to assess a Prior Approval application. Starting work before approval is granted is a breach of planning control.
Barn and Agricultural Conversions
Converting an agricultural building to residential use may be possible under Class Q of the GPDO 2015 (agricultural building to dwellinghouse) via Prior Approval. The building must have been used solely for agricultural purposes and must be capable of conversion without extensive structural work. This is a complex area - professional planning advice is strongly recommended.
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