In England, many commercial buildings can be converted to homes under a permitted development right known as Class MA. Instead of a full planning application, the owner applies for prior approval, where the council can only consider a set list of matters. It is often quicker and more certain. It is not automatic, and it does not suit every building.
Which buildings it covers
Class MA applies to buildings in Use Class E. That includes offices, shops, cafés and restaurants, gyms, clinics, nurseries and light industrial units. The building must have been in lawful Class E use for at least two years before the application.
General industrial (B2) and storage and distribution (B8) are not in Class E, so most warehouses and heavier industrial units cannot use Class MA. They would need a planning application.
What changed in 2024
Two limits were removed in March 2024. There is no longer a maximum floor area, which used to be 1,500 square metres, and the building no longer has to have been empty for three months before the application.
What the council can consider
Prior approval is limited to these matters:
- transport and highways;
- contamination;
- flooding;
- noise from commercial uses nearby;
- natural light in every habitable room;
- fire safety;
- in a conservation area, the effect of losing a ground-floor commercial use.
Every home created must also meet the nationally described space standard. A deep office floor that cannot give each room enough daylight, or each flat enough space, may not work however strong the demand.
Where it does not apply
- listed buildings and scheduled monuments;
- national parks, National Landscapes (formerly Areas of Outstanding Natural Beauty) and World Heritage Sites;
- Sites of Special Scientific Interest and other protected wildlife sites;
- anywhere the council has removed the right with an Article 4 direction. Many London boroughs and town centres have done this, so check the council’s list first.
Changes to the outside of the building, such as new windows to bring in light, usually need a separate planning application.
Is it worth doing?
A prior approval only answers whether the conversion is allowed. Whether it is worth doing depends on the cost of the works, the value of the homes against the value of the building as it is, how long it takes, and what else the building could become. Building regulations, fire safety and services often cost more in a conversion than owners expect.
Planning rules change, and this guide is general information rather than advice on a particular building. A planning consultant or the council can confirm what applies to yours.