What Is “Change of Use” and When Does It Apply to Your Property?

Change of use planning rules exist because how a building is used affects its neighbours as much as how it looks. Every property in England falls into a use class set out in the Use Classes Order 1987, as amended. Moving from one class to another, or splitting a building into different uses, may need planning permission even if nothing changes outside.

The main use classes

• Class C3, dwellinghouses: houses and flats used as a single home.
• Class C4, small houses in multiple occupation: three to six unrelated people sharing facilities.
• Class E, commercial, business and service: shops, offices, cafés, gyms, clinics and similar, combined into one class in 2020.
• Class F: learning, community and some non residential institutions.
• Sui generis: uses in a class of their own, including larger houses in multiple occupation, pubs and hot food takeaways.

When planning permission is needed

Changes within the same class are generally not development and need no permission. Moving between classes usually does, with some exceptions:

• Permitted changes: certain moves are allowed under permitted development, some through prior approval. For example, Class MA allows some Class E buildings to become homes, subject to conditions and a prior approval application.
• Article 4 restrictions: many London boroughs have used Article 4 directions to remove these rights in certain areas, particularly for office to residential and house to small HMO changes.
• Splitting a house into flats always needs planning permission.

Building regulations still apply

A material change of use, such as creating new flats or converting commercial space into homes, triggers building regulations for fire separation, means of escape, sound insulation, ventilation and energy performance. In practice, that is often where most of the design and construction effort goes, especially for fire compartmentation between units.

Mixed use buildings

London has many buildings with a shop or office on the ground floor and flats above. Changing one part affects the rest: new homes above a commercial unit need fire separation and sound insulation between the uses, separate entrances and escape routes, and services that can be metered and maintained independently. Planning for these early avoids costly redesign later.

Other things to check

• Lease or freehold restrictions on use
• Licensing, for HMOs and some commercial uses
• Business rates and council tax implications
• Mortgage and insurance terms

How we handle change of use projects at London’s Prestige

For change of use and conversion projects, we work with your planning consultant or architect from the outset, so the building regulations requirements are designed in rather than discovered on site. We then deliver the conversion as one managed project, from strip out and structural work to fire separation, services and finishes, with clear reporting at every stage. Find out more about our commercial refurbishment service or our residential refurbishments, and book a site visit to discuss your building.