Changing the use of a property can be an attractive way to make better use of an existing building or adapt a property to meet changing commercial or residential needs.
For example, you may want to:
- Convert an office into residential accommodation
- Turn a house into an HMO
- Convert a shop into a restaurant
- Change a commercial property into flats
- Convert a dwelling into a business premises
- Turn a restaurant into a shop
- Change an agricultural building into residential use
However, changing the use of a property can have significant planning implications.
In some circumstances, planning permission may be required for a change of use. In others, the proposed change may benefit from permitted development rights or may not constitute a material change of use at all.
Understanding which category your proposal falls into before you begin work is important.
A change of use without the necessary planning permission can result in enforcement action and potentially high costs to put the situation right.
At Charrette Law, we advise property owners, developers and businesses on planning matters, including change of use, planning applications, permitted development rights and planning disputes.
What Is Change of Use in Planning?
In planning law, a change of use occurs when the use of land or a building changes from one planning use to another.
The key issue is not necessarily what the property physically looks like.
A property could remain exactly the same externally but still require planning permission because its use has materially changed.
For example, converting an office into residential accommodation may involve relatively little physical alteration to the building, but the change from an office use to residential use can have significant planning implications.
Similarly, changing a dwelling into a business premises could constitute a material change of use depending on the nature and intensity of the proposed activity.
The question is therefore whether the proposed change amounts to a material change of use for planning purposes.
What Are Use Classes?
One of the most important concepts when considering change of use planning is the Use Classes Order.
The Town and Country Planning (Use Classes) Order categorises different uses of land and buildings into classes.
The relevant use class can affect whether planning permission is required when you change the use of a property.
Some of the categories include:
- Class C3 – dwelling houses
- Class C4 – houses in multiple occupation
- Class E – commercial, business and service uses
- Class B2 – general industrial
- Class B8 – storage and distribution
- Class F1 – learning and non-residential institutions
- Class F2 – local community uses
There are also uses that fall outside the Use Classes Order altogether, known as sui generis uses.
The classification of the existing use and proposed use can therefore be extremely important.
What Is a Material Change of Use?
Not every change in the way a property is used requires planning permission.
The legal question is whether there has been a material change of use.
There is no simple universal test that applies to every property.
The planning authority will consider the nature and circumstances of the existing and proposed uses.
Factors can include:
- The character of the existing use
- The intensity of the proposed use
- The number of people using the property
- Hours of operation
- Traffic generation
- Noise
- Parking requirements
- Deliveries
- Environmental effects
- Impact on neighbouring properties
- The physical characteristics of the property
- The overall planning impact
For example, working from home occasionally may not amount to a material change of use.
However, operating a business from a residential property that generates significant traffic, deliveries, customers, and noise could potentially amount to a material change.
Do You Need Planning Permission for a Change of Use?
There is no single answer.
Whether planning permission is required depends on:
- The property’s existing lawful use.
- The proposed new use.
- Whether the two uses fall within the same Use Class.
- Whether the change amounts to a material change of use.
- Whether permitted development rights apply.
- Whether the property is subject to restrictions or conditions affecting its use.
This is why it is important to establish the property’s lawful planning use before deciding whether to proceed.
Change of Use Within the Same Use Class
A change between uses within the same Use Class may not normally require planning permission because the planning system treats those uses as falling within the same broad category.
For example, certain uses within Class E can operate within the same use class.
However, this does not mean that every change between businesses can automatically take place without planning considerations.
Planning conditions, restrictions, Article 4 Directions,s and other legal considerations can affect whether a change is permitted.
Professional advice should therefore be obtained where there is uncertainty.
Change of Use Between Different Use Classes
A change from one Use Class to another can potentially require planning permission.
For example, a proposal to change:
Office → Residential may involve a change from a commercial use to a residential use.
Similarly:
Shop → Restaurant
May have different planning implications depending on the precise use and circumstances.
The fact that the building itself already exists does not necessarily mean that the proposed new use is automatically lawful.
Commercial to Residential Change of Use
One of the most common types of change of use planning application is converting commercial premises into residential accommodation.
For example:
- Office to flat
- Shop to dwelling
- Commercial unit to flats
- Agricultural building to residential accommodation
Some commercial-to-residential changes may benefit from permitted development rights, subject to the relevant legislation and conditions.
Others may require a full planning application.
This distinction is particularly important for property investors and developers because permitted development routes can have different requirements from a standard planning application.
Residential to Commercial Change of Use
A property owner may also want to change a residential property into commercial use.
Examples could include:
- House to office
- House to shop
- Residential property to childcare premises
- House to professional services premises
The planning implications will depend heavily on the proposed activity.
A small home-based business may not necessarily constitute a material change of use.
A business involving regular customers, employees, deliveries, noise, or significant traffic may be more likely to raise planning issues.
Change of Use to an HMO
Changing a dwelling into a house in multiple occupation can involve particular planning considerations.
Depending on the circumstances, moving between Class C3 and Class C4 may fall within permitted development rights.
However, local authorities can introduce Article 4 Directions removing certain permitted development rights.
Where an Article 4 Direction applies, planning permission may be required for a change that might otherwise benefit from permitted development rights.
This is an important issue for landlords and property investors considering HMO conversions.
What Is an Article 4 Direction?
An Article 4 Direction allows a local planning authority to remove specified permitted development rights in a particular area.
This means that development which would normally be permitted without a planning application may instead require planning permission.
Article 4 Directions can therefore be particularly important when considering:
- HMO conversions
- Commercial-to-residential conversions
- Changes affecting protected areas
- Changes of use in designated locations
You should check whether an Article 4 Direction applies to the property before relying on permitted development rights.
Can Permitted Development Rights Allow a Change of Use?
Yes.
Certain changes of use can benefit from permitted development rights.
However, permitted development is not the same as having unrestricted permission to change the use of a property.
There may be:
- Eligibility requirements
- Conditions
- Limitations
- Prior approval requirements
- Restrictions based on location
- Article 4 Directions
- Restrictions imposed by existing planning permissions
Some permitted development rights require an application for prior approval from the local planning authority.
This means that although a full planning application may not be required, the council may still need to consider specified aspects of the proposal before the development can proceed.
What Is Prior Approval?
Prior approval is a procedure associated with certain permitted development rights.
Rather than determining the entire principle of development through a conventional planning application, the local planning authority considers specific matters identified by the relevant permitted development legislation.
Depending on the particular permitted development right, these matters can include issues such as:
- Transport
- Flooding
- Contamination
- Natural light
- Noise
- Design
- Highways
- Residential amenity
The requirements vary depending on the permitted development right being relied upon.
This is why it is important to identify the precise permitted development route before making an application.
What If the Property Has an Existing Planning Condition?
An existing planning permission may contain conditions restricting the use of a property.
For example, a planning permission could limit the use of a building to a particular purpose.
In such circumstances, simply relying on the Use Classes Order may not resolve the issue.
You may need to consider:
- The original planning permission
- The wording of the conditions
- The planning history
- Whether the condition remains enforceable
- Whether an application is required to remove or vary the condition
This is one reason why reviewing the property’s planning history should form part of your due diligence.
What Is a Lawful Existing Use?
Before applying to change the use of a property, you need to establish what the existing lawful use actually is.
This may not always be the use that the property owner believes it has.
For example, a building may have been used as an office for many years, but that does not necessarily prove that the office use is lawful.
Equally, a property may have planning permission for a particular use even though its current operation appears different.
Establishing the lawful use can involve reviewing:
- Previous planning permissions
- Planning conditions
- Planning history
- Existing use
- Evidence of continuous use
- Previous enforcement notices
- Lawful Development Certificates
Can You Apply for a Lawful Development Certificate?
A Lawful Development Certificate (LDC) can provide formal confirmation of the planning lawfulness of an existing use or proposed development where the relevant legal requirements are satisfied.
An LDC can be particularly useful where there is uncertainty about:
- Existing lawful use
- The length of time a user has operated
- Whether a particular development is lawful
- Whether planning permission is required
It is important to understand that an LDC is not the same as planning permission.
It establishes lawfulness rather than granting planning permission for development that would otherwise require it.
What Does a Change of Use Planning Application Involve?
If your proposed change requires planning permission, you will generally need to submit a planning application to the relevant local planning authority.
Depending on the proposal, the application may require:
- Application forms
- Location plans
- Site plans
- Existing and proposed floor plans
- Existing and proposed elevations
- Design and access information
- Planning statement
- Transport information
- Heritage information
- Environmental information
- Other supporting documents
The requirements will depend on the nature and scale of the proposal.
What Will the Council Consider?
When assessing a change of use application, the planning authority may consider a range of issues.
These can include:
Impact on Neighbours
The council may consider whether the proposed use would result in:
- Noise
- Disturbance
- Overlooking
- Loss of privacy
- Increased activity
- Deliveries
- Unsociable hours
Highway and Parking Impact
The proposed use may generate different levels of traffic and parking demand from the existing use.
The council may therefore consider:
- Vehicle movements
- Parking provision
- Access
- Highway safety
- Deliveries
- Pedestrian safety
Design and Appearance
Where physical alterations accompany the change of use, the council may consider:
- Appearance
- Materials
- Scale
- Layout
- Relationship with surrounding buildings
Local Planning Policy
The proposed use must be considered against the relevant development plan and other material planning considerations.
This can include local policies relating to:
- Housing
- Employment
- Town centres
- Retail
- Conservation
- Heritage
- Transport
- Design
- Sustainability
Can a Change of Use Application Be Refused?
Yes.
A change of use application can be refused if the proposed development conflicts with planning policies or creates unacceptable impacts that cannot be adequately addressed.
Potential reasons for refusal could include:
- Highway safety concerns
- Excessive parking demand
- Harm to residential amenity
- Noise
- Inappropriate design
- Loss of employment space
- Heritage impact
- Incompatibility with the surrounding area
- Conflict with the development plan
However, refusal is not inevitable.
Early planning advice can help identify potential problems and determine whether changes to the proposal could improve its prospects.
What Happens If You Change the Use Without Planning Permission?
If a material change of use requires planning permission and you proceed without obtaining it, the local planning authority may investigate and potentially take enforcement action.
This can create serious problems for property owners.
An enforcement matter could affect:
- Your ability to continue the use
- Sale of the property
- Mortgage or financing arrangements
- Insurance
- Future development
- The value and marketability of the property
If you believe a property is being used without the necessary planning permission, obtaining advice promptly can help you understand your options.
Can a Change of Use Be Regularised?
In certain circumstances, a property owner may be able to seek retrospective planning permission for an unauthorised change of use.
However, applying retrospectively does not guarantee that permission will be granted.
The council will still assess the proposal against relevant planning considerations.
There may also be circumstances where an application for a Lawful Development Certificate is more appropriate, depending on the nature and history of the use.
The correct approach will depend on the facts.
How Long Does a Change of Use Planning Application Take?
There is no single timeframe that applies to every application.
The timescale can depend on:
- The type of application
- The local planning authority
- The complexity of the proposal
- Whether consultations are required
- Whether additional information is requested
- Whether amendments are necessary
- Whether the application is controversial
More complex changes of use can take longer than straightforward applications.
Starting the process with the correct information can help minimise avoidable delays.
Do You Need a Planning Lawyer for Change of Use?
You may not always need a solicitor, but professional advice can be particularly valuable where the planning position is uncertain, or the property has significant commercial value.
A planning lawyer can assist with:
- Establishing the lawful existing use
- Reviewing planning history
- Assessing whether a material change of use has occurred
- Advising on permitted development rights
- Reviewing Article 4 Directions
- Advising on prior approval
- Preparing or reviewing planning documentation
- Responding to enforcement action
- Challenging planning decisions
- Advising on planning appeals
Early advice can be especially valuable before purchasing a property where the intended use differs from the current lawful use.
Change of Use Planning: What Should You Do Before Proceeding?
If you are considering changing the use of a property, do not assume that because the building already exists, you can automatically use it for a different purpose.
Before proceeding, you should establish:
- What is the property’s current lawful use?
- What use do you want to introduce?
- Are the two uses within the same Use Class?
- Would the proposed change constitute a material change of use?
- Do permitted development rights apply?
- Is prior approval required?
- Does an Article 4 Direction apply?
- Are there planning conditions restricting the existing use?
- Would a full planning application be required?
- Are there other legal restrictions affecting the property?
Answering these questions before you invest in alterations or begin operating the new use can help you avoid expensive planning problems later.
Need Advice on a Change of Use?
Changing the use of a property can create valuable development opportunities, but getting the planning position wrong can result in enforcement action, delays,s and unnecessary costs.
Whether you are considering a commercial-to-residential conversion, HMO, office conversion, change from residential to commercial use, or another type of change of use, it is important to understand the planning requirements before proceeding.
Charrette Law can assist property owners, developers, and businesses with planning and property-related legal matters, including change of use, permitted development, prior approval, planning applications, and planning disputes.
If you are considering changing the use of a property, contact Charrette Law for advice on your planning position before proceeding.
FAQs About Change of Use Planning
Do I need planning permission to change the use of a property?
Not necessarily. It depends on the existing lawful use, proposed use, whether the change amounts to a material change of use, and whether permitted development rights apply.
What is a material change of use?
A material change of use is a change in the character of the use of land or a building that is significant enough to constitute a planning change of use. Whether a change is material depends on the particular circumstances.
Can I change a shop into a house?
Potentially, but the planning requirements depend on the existing lawful use, the proposed residential use, the applicable permitted development rights, and any restrictions affecting the property.
Can I convert an office into residential accommodation?
Some office-to-residential changes may benefit from permitted development rights, while others require planning permission. Eligibility and prior approval requirements should be checked before proceeding.
Do I need planning permission to turn a house into an HMO?
It depends on the circumstances, including the number of occupants, the relevant Use Classes, and whether an Article 4 Direction applies in the area.
What is the difference between change of use and permitted development?
A change of use describes the planning change itself. Permitted development rights are legal rights that allow certain development to take place without a full planning application, subject to applicable conditions and limitations.
What is prior approval?
Prior approval is a process associated with certain permitted development rights where the local planning authority considers specified aspects of the proposed development.
Can I change the use of a property without planning permission?
Only where planning law permits the change without a planning application. Proceeding with a material change of use without the necessary permission can expose the owner to enforcement action.
Can I apply for planning permission after changing the use?
In some circumstances, retrospective planning permission may be possible. However, this does not guarantee that the council will approve the use.
Can a solicitor help with a change of use application?
Yes. A planning solicitor can advise on the property’s lawful use, planning history, permitted development rights, planning applications, enforcement issues, and potential appeals.
Considering a Change of Use?
Before converting, letting, operating, or developing a property for a different purpose, make sure you understand its lawful planning use and whether permission is required.
Contact Charrette Law today for advice on your proposed change of use and the planning options available to you.
