When Can a Change of Use Be a Permitted Development?

In this blog, we’ll explain when a change of use could be considered permitted development and when planning permission may be required.

Permitted Development Basics  

A change of use could be considered permitted development meaning planning permission is not required. However, there are some important caveats, to be aware of to avoid falling foul of the most common permitted development mistakes. Only houses have permitted development rights but not all houses have permitted development rights. Flats, maisonettes, and commercial properties always need planning permission. 

Planning Constraints  

Planning constraints such as conservation areas, listed buildings, world heritage sites, areas of outstanding natural beauty, article 4 directions or even living under a flight path may limit or remove your permitted development rights. Any previous developments even by a previous owner a long time ago may have used some, or all of your Permitted Development rights, meaning planning permission IS required. 

Planning policies are also ever-changing. Even if your change of use is permitted development today, the council can impose new planning constraints that remove your permitted development rights at any time in the future. This could result in a breach of planning, and risk enforcement action. If an enforcement notice is issued and retrospective planning permission is refused you would need to restore the property back to its original state. 

When Can A Change of Use Be Permitted Development? 

If your property has permitted development rights in place and is free from constraints or restrictive covenants, you may be able to change its use without the need for planning permission, provided it meets all the criteria set out for the relevant permitted development class.

Class G – Change of Use from Commercial to Residential (Above a Shop) Retains the ‘Ground Floor’ as Class E. It allows up to 2 Flats to be created above Shops, Offices, and other Class E premises such as Betting Offices and ‘Payday Loan Shops’, without needing a Full Planning Application.However, Building Regulations Approval is still required to ensure the new flats meet all ‘Safety and Quality Standards’.

Class MA allows the ‘Entire Property’ to be converted into Class C3 from certain Class E premises such as Shops, Offices, and Restaurants, without a Full Planning Application, although ‘Prior Approval’ is required. The building must have been in Class E or an equivalent use before the 2020 changes for at least 2 years, and it must have been vacant for at least 3 months before the application is submitted.

Class M permits the conversion of smaller retail units such as Shops, Betting Offices, and ‘Payday Loan Shops into ‘Residential Use’, provided the ‘Total Floor Space’ does not exceed 150 Square Meters. ‘Prior Approval’ is required to consider factors like Transport Impacts, Flood Risk, and ‘Adequate Natural Light’ for future occupants.

Class R permits converting Agricultural Buildings into ‘Flexible Commercial Uses’, including: Class E Shops, Offices, Restaurants, Storage and Distribution, or certain ‘Tourism-Related Uses’, up to a maximum of 500 Square Meters. Depending on the site, ‘Prior Approval’ may be needed to assess Transport, Noise, and Flood Risk.

Class Q allows certain Agricultural Buildings to be converted into ‘Residential Use’ without a Full Planning Application, although ‘Prior Approval’ is required. From 21st May 2024, Class Q covers all Barns on an Agricultural Unit, as long as they’ve been part of that unit for at least 10 years prior to 24th July 2023. Barns built under Agricultural PD rights are excluded. The maximum number of new dwellings can be a maximum of 10 and the ‘Total Convertible Area 1,000 Square Metres, with each dwelling capped at 150 Square Meters. A 4 Meter rear extension is also permitted on an ‘Existing Hard Standing’ that was in place before 24th July 2023.

However, even if your change of use meets these criteria, you may still need planning permission. 

For example, if there are hidden planning constraints or your permitted development rights have been used up by previous developments. 

It is important to note that 20% of our planning applications are retrospective and 99% of these were sure they didn’t need planning permission but got it wrong. 

 With this in mind, it’s best to check with your local planning authority or a chartered town planner before commencing work to limit your risk and expense. 

How to Find Out If You Need Planning Permission?

To find out if you need planning permission you have 2 options. 

The first option is to submit a pre-application to your council.  

This requires architectural drawings showing the property before and after the works, along with a detailed proposal explaining your plans and how they meet the relevant planning policies.  A pre-app costs up to £600 and typically takes 5 to 8 weeks for a response, though it’s not a legal determination and doesn’t guarantee approval. 
 
Alternatively, our town planners can provide a planning appraisal.   

We check the same planning policies, planning history, and planning constraints as the council but without the need for architectural drawings or a detailed proposal. The advantage of a planning appraisal is you’ll get the answers you need within a day instead of waiting weeks. 

A Lawful Development Certificate  

For anything likely to be considered Permitted Development it is always recommended to obtain a Lawful Development Certificate before commencing any works. A Lawful Development Certificate is the only way to prove that your development is Permitted Development and does not need planning permission.

It is also often required when selling or remortgaging your property, to prove to buyers or lenders that all modifications are lawful. Without planning permission or a lawful development certificate your change of use may not increase the value of your property. By securing a Lawful Development Certificate, you’re investing in both the future security and potential value of your property.

If you’re considering change of use and would like any help or advice contact us for a free no-obligation consultation.