Do You Need Planning Permission for a Change of Use?

Key Highlights

• Change of use in planning permission refers to altering how a building or land is used, which might require approval from local authorities.
• In the UK, the planning system classifies property uses into “Use Classes,” and changing between specific classes typically requires permission.
• Permitted Development Rights allow specific changes without full permission, but restrictions and prior approval requirements might apply.
• Understanding these classifications, and whether your project falls under permitted development or requires an application, is crucial for compliance and avoiding common permitted development mistakes and potential enforcement.
• Houses can have permitted development rights but not all houses have permitted development rights.
• Flats, maisonettes, and commercial properties always need planning permission.
• It is advisable to consult your local planning authority or a qualified town planner before proceeding with the change of use project to get clarity on your specific situation.
• Non-compliance with planning permission and regulations can result in enforcement action and potential financial liabilities.

Introduction

Navigating property development in the UK means you need to know about planning permission rules, especially for the “use of a single dwelling house” related to “changes of use” for the purposes of planning, including such uses. Whether you are a skilled developer or a first-time buyer wanting to renovate, it is a matter of fact that it is important to understand when you need a planning application for a change of use. This means you have to follow the rules set by the local planning authority. You must make sure your proposed changes follow their guidelines.

The Essentials of Planning Permission for Change of Use

Planning permission is mainly about making sure that changes, including changes of use, help the community. This system helps control how land and buildings are used. It looks at things like how it affects the environment, local services, and what the community needs.

If you want to start a project that might change the use of a property, you need to check if you need the necessary planning permission. This usually means finding out how the current use of the property is categorised. You also need to see if your planned changes fit into those categories or if they are quite different.

Defining Planning Permission in the UK for Change of Use

The UK planning system focuses on something called “material change of use.” There is no strict definition for it, but it generally means changing the purpose of a building or land. For example, if you turn a home into a shop, that is likely a material change of use.

However, not all changes of use are counted as “material.” For example, if you change from one type of shop to another within the same use class, you might not need planning permission.

In the end, whether a change is seen as ‘material’ depends on different factors and is looked at individually. If you are unsure, it’s best to talk to your local planning authority.

Key Legal Frameworks Governing Change of Use

Several laws support the idea of change of use in UK planning law. The main one is the Town and Country Planning Act. This act sets out the basic rules and steps for development control, like change of use.

A key part of this system is “use classes.” These are explained in the Town and Country Planning (Use Classes) Order. This order organises different property uses. It makes it easier to see when a change of use needs planning permission.

Also, the General Permitted Development Order (GPDO) lists specific types of development. This includes some changes of use that do not need a full planning application. It is important to know how the GPDO works with use classes and your development plans.

Non-compliance with the relevant regulations and requirements can result in enforcement action, where property owners may be required to rectify the non-compliant work or face financial liabilities. It is crucial to consult with the local planning authority or an RTPI accredited town planner to ensure compliance with all regulations.

Navigating Through Use Classes

The Use Classes Order sorts property types in UK into groups like residential, commercial, and industrial. Each group has similar uses for planning purposes.

When you want to change the use of a property, the first thing to do is find out what the current and proposed use classes are, as well as the primary use of the property at different times of the day. Usually, changes within the same use class do not need planning permission. However, if you want to switch to different use classes or a mix of uses, you will likely need to submit a planning application.

Understanding the Use Classes Order

The Use Classes Order is important for knowing about planning permission for change of use. It sorts different property uses. This makes it easier to see if you need permission for a change.

Class E is a wide category. It includes commercial, business, and service uses. Under this class, you can find shops, offices, restaurants, gyms, and others. But, there are some uses that do not fit here. These are called “sui generis.”

Businesses like theatres, petrol stations, and taxi businesses are “sui generis.” This means they are unique and do not fit into other classes. Usually, if you want to change from or to a “sui generis” use, you will need planning permission. It is very important to know where your planned use fits in these classes, which include a diverse range of uses to help serve the needs of members of the public and assist with the planning process.

Recent Amendments and Their Implications

The planning system changes over time. Recently, updates to the General Permitted Development Order (GPDO) have affected how spaces can be used. These updates aim to give more options for changing buildings, like turning commercial areas into homes. This helps meet the needs of our cities.

A key change is Class MA. This allows some business and service spaces, which were in Class E, to be changed into homes without needing a full planning application. This is to help revive town centers and provide more houses.

It’s important to remember that these development rights have rules and limits. Before making any changes, you should know the details of these amendments and what they mean for your specific situation.

Commercial, Business, and Service Use Classes Explained

The commercial, business, and service use classes include many activities that are important for a healthy local community. These classes range from shops and restaurants that meet the daily needs of people to offices and banks that support the local economy.

These classes also include fun places like gyms and cinemas, which make the town centre area lively and appealing. However, not all commercial premises belong to the same use class.

For example, a hot food takeaway is in a different category than a grocery store. It’s important to understand these differences, especially when thinking about a change of use. This can affect if you need planning permission or not.

Local Community and Residential Use Classes

Residential use is very important in the UK planning system. Local governments focus a lot on making sure there are enough homes and that residential areas keep their character, while also considering the availability of public transport. They think about things like how many people live in an area, the types of homes, and how new homes will affect the current communities.

At the same time, planning rules also see the need for different types of activities in communities. This means that some businesses, like small shops and community centers that help local people, can be allowed in or near residential areas.

Local planning documents guide these choices. They try to balance what people need with the goals of creating lively and sustainable communities.

Permitted Development Rights for Change of Use

Permitted development rights add flexibility to the planning system. They allow some changes of use without needing a full planning application. These rights are explained in the General Permitted Development Order (GPDO). However, they have limits and rules.

It is important to know that permitted development rights do not let you make any changes you want for a specific type of development, including commercial buildings. There are certain limits, restrictions, and prior approval requirements for each permitted development right. If you do not follow these rules, you risk facing serious consequences. This could mean planning enforcement action from local authorities.

What Constitutes Permitted Development?

Permitted development rights cover small types of building changes that do not need a full planning application. These changes include certain uses, extensions, building updates, and sometimes new buildings, but they must meet set limits and conditions.

Not every change is allowed under permitted development, so it is important to check if your project qualifies before you start. You can find a lot of useful information about permitted development rights in your area on the Planning Portal.

If you are unsure whether your project is allowed as permitted development, you can apply for a Lawful Development Certificate (LDC) from your local planning authority. This certificate gives you clear proof about whether your planned work is lawful. It can give you confidence before you move forward.

Limitations and Constraints for Change of Use

While permitted development rights provide some flexibility, it is important to understand their limits. They do not allow any change of use without restrictions. Listed buildings, conservation areas, national parks, and World Heritage Sites have strict planning rules because they are important for their history or design. For example, some places like conservation areas have stricter rules that limit what you can do.

Even in areas where permitted development rights apply, there are specific limits you should follow.

Non-compliance with the relevant regulations and requirements can result in enforcement action, where property owners may be required to rectify the non-compliant work or face financial liabilities. It is crucial to consult with the local planning authority or an RTPI accredited town planner to ensure compliance with all regulations.

Additionally, some permitted development rights may require you to get prior approval from the local planning authority to ensure that the changes, including any major structural changes or major renovations, do not adversely affect the external appearance of the building. This means you need to submit a simple application that describes the full details of the changes you want to make and get approval before starting the work, particularly if you are utilizing a planning service. Knowing these details is important to ensure you follow the rules and avoid issues later.

It’s a good idea to contact your local planning authority or a qualified town planner to determine the requirements for your specific location and to make sure your plans follow all the rules.

Non-compliance with the relevant regulations and requirements can result in enforcement action, where homeowners may be required to rectify the non-compliant work or face financial liabilities. It is crucial to consult with the local planning authority or an RTPI accredited town planner to ensure compliance with all regulations.

When Is Planning Permission Required for Change of Use?

Determining if you need planning permission for a change of use can be tricky. The main idea is to understand what “material change of use” means. If the main purpose of a building or land is changed, you usually need planning permission.

For instance, changing a shop to a dentist’s office, turning a house into a restaurant, or using farmland for homes would all need planning permission. The Use Classes Order helps outline these changes, but you should also think about specific cases and ask local planning authorities for help.

Examples of Changes Requiring Planning Permission

Some changes usually mean a “material change of use.” This means you may need planning permission. These changes often happen between different uses, even if they are in the same overall use class.

For example, changing a shop that sells books into a shop that sells food to eat there might need planning permission. This is because it could increase noise and smells that bother nearby people.

The official definition gives a guide, but understanding “material change of use” often depends on specific facts and local planning policies. So, if you are not sure if your change needs permission, it is a good idea to talk to your local planning authority.

Special Considerations for Home Businesses and Rentals

Running a business from your home can make things confusing with planning permission. Usually, if your home is mainly for living and the business is related to it, you might not need planning permission. But there are some exceptions to this rule.

If your business has many visitors, creates a lot of noise, or changes how your home looks outside, you need to get planning permission.

If you are renting, check your lease agreement for any rules against running a business in your home. Also, mortgage lenders might have their own rules about using the property for business purposes.

Navigating the Grey Areas Between Permitted Development and Planning Permission

The difference between permitted development right and planning permission is not always clear. There can be grey areas, especially when looking at changes of use that seem small but could affect neighbors or the look of the area.

For example, changing a garage into a home office might seem like it follows permitted development rules. However, if this change includes large structural work, changes to the external appearance, or more car traffic, then it could need planning permission.

It is important to know that misunderstanding permitted development rights might result in enforcement action. If you have questions, it is best to check with your local planning authority or a planning consultant.

Case Studies: When Permitted Development Rights Apply

Looking at case studies can help us understand when permitted development rights apply to changes of use. Here are three examples:

Case Study 1: Internal Conversion of an Office

1. An office building owner wanted to make smaller, independent office units inside their building.
2. Since the changes were only inside, did not change the structure or outside look, and kept the overall “office” use class, Permitted Development Rights applied.

Case Study 2: Change of Use from Existing Retail Unit to Restaurant

1. A shop owner wanted to change their retail space into a restaurant.
2. Even though both are commercial uses class (E), this change brought new issues like noise, smells, and late-night activities.
3. A Lawful Development Certificate was recommended, as this is the only way to obtain a legal determination that full planning permission is not required. The Lawful Development certificate for a change of use of the existing retail unit to a restaurant, under use class (E) has now been approved.

Case Study 3: Change of use from Artist Studio (Class E) to Residential (Class C3)

1. The client wanted to change the use of property’s garage outbuilding – Artist Studio (Class E) to Residential (Class C3).
2. Though this type of conversion is possible, it usually needs a full planning application.
3. Planning Permission has now been approved for a change of use of property’s garage outbuilding – Artist Studio (Class E) to Residential (Class C3).

If you’re interested in seeing additional examples of approved Change of Use applications, we invite you to explore our Portfolio section. You’ll find a range of successful projects demonstrating our expertise in securing planning approvals for various Change of Use projects.

Recent Changes to Planning Policy and Their Effects on Change of Use

The UK planning system is always changing. Recent law updates have greatly affected change of use applications. The government is focusing on increasing housing supply. As a result, there are new rules that make it easier to convert commercial properties into homes.

One change is Class MA. This allows some commercial, business, and service spaces to turn into residential units without needing a full planning application. This aims to improve town centers and provide more housing choices.

However, these changes need careful thought. Developers must understand the rules and limits that come with these new permitted development rights. This helps them follow the rules and steer clear of any problems with enforcement.

How Changes in Legislation Affect Existing Permissions

One important part of planning legislation is knowing how changes can affect existing permissions. Generally, planning permission for a development stays valid, even if laws change later.

But, there are some exceptions. This is true if the development has not started or if the new laws directly cancel or change the development rights given before.

It’s really important to ask for professional help if you’re unsure about how changes in the law might change your current planning permission. A planning consultant can look at your situation and suggest the best way to make sure you follow the latest rules.

Practical Steps to Determine if You Need Planning Permission to Change of Use

You can attempt to figure this out on your own, but it’s essential to note that 20% of our planning applications are retrospective, often triggered by a planning enforcement notice, and 99% of these cases believed their project fell under permitted development when it did not. To determine whether you need planning permission to change of use, it is essential to follow these steps:

1. Consult with the local planning authority: Contact the relevant planning authority to understand the specific requirements and criteria for change of use in your area.
2. Assess your property’s circumstances: Consider factors such as the presence of any conservation areas or listed buildings.
3. Consult with RTPI accredited town planner to ensure compliance with all regulations and navigate through the planning permission process effectively to avoid permitted development mistakes.

Pre-Application With Your Council

Before submitting a formal planning permission application for change of use, you could consider engaging in a pre-application consultations your local council or planning authority. This process involves providing architectural drawings and a written proposal to seek guidance on your proposed heat pump. Pre-applications cost up to £600, take 4-8 weeks for a response, and offer a formal opinion on the requirements, feasibility, and likelihood of success. While not a pre-approval or any guarantee of approval, it can help address issues early on, ensuring compliance with regulations and increasing the chances of approval for your heat pump project.

Planning Appraisal With A Town Planner

If you’re looking for prompt answers, a planning appraisal in your local area might be the better choice. An RTPI accredited town planner can carry out the necessary checks, including reviewing planning policies, history, and constraints, without the need for detailed drawings or a written proposal. Instead of waiting up to 8 weeks, you can receive the answers within a day. After conducting research, your town planner will provide you with a telephone consultation to discuss the findings and address any queries. By the end of the consultation, you will have clarity on whether planning permission is needed, along with recommended steps and chances of success.

Conclusion

Understanding planning permission for changing how a property is used is very important. This blog explains everything you need to know, from what planning permission is to how the location affects requirements. By learning about use classes and permitted development rights, you can follow the rules and avoid any fines. It’s also good to stay updated on new policy changes and understand any physical works necessary, working well with local authorities. Don’t forget, getting advice from RTPI accredited town planner is important for a successful application.

Frequently Asked Questions

Can I convert a residential property into commercial without planning permission?

Converting a home into a commercial space usually needs planning permission. This change of use means you have to get approval. But, there are some exceptions. These could come from permitted development rights. These rights often depend on local planning policies and the type of commercial use you want.

Are there any changes of use that do not require planning permission?

Yes, some small material changes of use that are considered minor and fit within the same use class or are allowed under the permitted development rights in the General Permitted Development Order might not need planning permission. It is advisable to consult with RTPI accredited town planner to ensure compliance with all regulations and navigate through the planning permission process effectively to avoid permitted development mistakes.