Change of Use Planning Permission Explained: Rules, Use Classes and Applications
Changing how a property is used can create new opportunities for homeowners, landlords, property investors and business owners. A vacant shop might be converted into residential accommodation, an office might become a flat, or a residential property might be adapted for use as a business premises. However, not every proposed change can be implemented without planning permission.
In England, whether change of use planning permission is required depends on the property’s existing lawful use, the proposed new use, the relevant planning use classes and the nature of any associated building work.
Some changes can take place without a planning application, while others require full planning permission or prior approval from the local planning authority (LPA). Additional restrictions may apply to listed buildings, conservation areas and properties subject to existing planning conditions.
This guide explains how change of use planning permission works, when an application may be necessary, how to check a property’s use class and what property owners should consider before proceeding.
What Is Change of Use Planning Permission?
Change of use planning permission relates to proposals to change the lawful use of a building or piece of land.
Planning law distinguishes between different uses of land and buildings. A proposed change may require planning permission if it amounts to a material change of use or involves associated development requiring consent.
Examples of potential changes of use include:
- Converting a shop into residential accommodation.
- Changing an office into flats.
- Turning a house into a house in multiple occupation (HMO).
- Converting a commercial building into a restaurant or takeaway.
- Changing a residential property into business premises.
- Converting an industrial building into a different type of commercial use.
Whether permission is necessary depends on the circumstances. For example, changing between two uses within the same planning use class will generally not require planning permission for the change of use itself. However, other restrictions, planning conditions or associated building works may mean that further consent is necessary.
The statutory framework is set out in the Town and Country Planning Act 1990, alongside relevant regulations and permitted development rights.
The government’s guidance on when planning permission is required explains the distinction between development, material changes of use and activities that do not require a planning application.
Understanding Planning Use Classes in England
The Use Classes Order groups different types of land and building uses into categories. These categories help determine whether a proposed change of use requires planning permission.
The current framework in England includes several principal use classes.
Class E: Commercial, Business and Service Uses
Class E covers a range of commercial, business and service activities, including many shops, offices, cafés, professional services, indoor sports facilities and certain medical or childcare uses.
Because a range of activities falls within Class E, changing from one qualifying Class E use to another will generally not require planning permission for the change of use itself.
For example, changing a shop into an office may be possible without a change-of-use application if both uses fall within Class E and no other restriction applies.
However, this does not mean that every commercial activity falls within Class E. Pubs, hot-food takeaways and certain other uses are outside the class.
Class C1: Hotels
Class C1 covers hotels, boarding houses and guest houses where no significant element of care is provided.
Changing an existing property into a hotel or guest house may require planning permission, depending on its existing lawful use and the proposed operation.
The authority may consider factors such as traffic, noise, servicing arrangements and the impact on neighbouring properties.
Class C2: Residential Institutions
Class C2 covers certain residential institutions, including residential care homes, hospitals, nursing homes and some residential educational establishments.
A proposal involving a change to or from Class C2 may require planning permission, depending on the existing and proposed uses and any applicable permitted development rights.
Class C3: Dwellinghouses
Class C3 covers dwellinghouses, including homes occupied by individuals, families and certain groups living together as a single household.
Converting a commercial property into a dwelling may require planning permission unless an applicable permitted development right allows the change.
For property owners considering a conversion, the authority may need to assess the suitability of the building for residential occupation, its surroundings and the requirements of the relevant planning policy.
Class C4: Small Houses in Multiple Occupation
Class C4 generally covers small houses in multiple occupation occupied by between three and six unrelated individuals who share basic amenities and occupy the property as their only or main residence.
A change from a Class C3 dwellinghouse to a Class C4 HMO may be permitted without a planning application in some circumstances. However, this depends on the applicable permitted development rights and whether they have been restricted or withdrawn, for example by an Article 4 direction.
HMOs outside the Class C4 definition, including certain larger shared properties, may fall outside the use classes and require a different planning assessment.
Property owners should also check whether a separate HMO licence is required. Planning permission and HMO licensing are different legal requirements.
Class B2: General Industrial
Class B2 covers general industrial uses, subject to the applicable definitions and exclusions.
Changing an industrial building into residential accommodation, retail premises or another use may require planning permission unless a specific permitted development right applies.
The authority may assess the compatibility of the proposed use with the surrounding area, including noise, traffic, environmental impacts and the suitability of the site.
Class B8: Storage and Distribution
Class B8 covers storage and distribution uses, including certain warehouses and storage facilities.
A proposal to convert a warehouse into residential, retail or other commercial accommodation must be assessed against the existing lawful use and any applicable permitted development rights.
Class F1 and F2: Learning, Community and Local Uses
Class F1 covers certain learning and non-residential institutional uses, including schools, museums, libraries and places of worship.
Class F2 covers certain local community uses, including qualifying community halls, outdoor recreation facilities and some small local shops selling essential goods.
Changes involving these uses may require planning permission, depending on the existing and proposed uses and the applicable rules.
Sui Generis Uses
Some uses fall outside the defined use classes and are described as sui generis, meaning they are in a class of their own.
Examples include public houses, hot-food takeaways, nightclubs, casinos and certain other specifically defined uses.
A change to or from a sui generis use will generally require planning permission unless a specific permitted development right or other legal provision allows it.
The precise classification of a proposed use matters because it affects which planning rules apply.
For further information, consult the Planning Portal’s guide to use classes.
When Is Change of Use Planning Permission Required?
Planning permission may be required where a proposed change amounts to a material change of use or falls outside the scope of applicable permitted development rights.
The following examples illustrate situations in which permission may need to be considered.
1. Converting Commercial Property into Residential Accommodation
Changing an office, shop, warehouse or other commercial building into flats or houses can require planning permission.
However, certain changes from qualifying commercial uses to residential use may be permitted under specific permitted development rights, subject to conditions and limitations. Some of these rights require prior approval from the local planning authority.
The applicable route depends on the existing use, the proposed residential use, the building’s characteristics and the relevant legislation.
Before purchasing a property for conversion, investigate whether the intended use is likely to be acceptable and whether the necessary permission or prior approval can be obtained.
2. Converting a House into an HMO
A house used by a single household may potentially be converted into a small HMO, but the planning position must be checked.
A change from Class C3 to Class C4 may be permitted without a planning application where the relevant permitted development rights remain available. However, an Article 4 direction can remove those rights in a specified area.
Larger HMOs may fall outside Class C4 and require a different planning assessment.
Before proceeding, check the local authority’s planning requirements, applicable HMO licensing rules and any restrictions in the property’s lease or title documents.
3. Changing a Shop into a Café, Pub or Takeaway
The planning position depends on the proposed use.
A qualifying café where food and drink are consumed mostly on the premises may fall within Class E. Changing a shop to another qualifying Class E use will generally not require planning permission for the change of use itself.
A public house or hot-food takeaway, however, is generally treated as a sui generis use. Changing a shop into either of these uses will usually require planning permission unless a specific legal provision allows the change.
Associated alterations, such as installing extraction equipment, changing the shopfront or adding external plant, may require separate consent.
The Planning Portal’s guidance on converting a shop to a café, public house or takeaway explains these distinctions.
4. Converting a Building into Flats
Dividing a house or commercial building into multiple independent dwellings can involve a material change of use and may require planning permission.
The authority may consider the number and layout of the proposed units, living conditions, access, parking, refuse storage, outdoor space and the effect on the surrounding area.
Building Regulations requirements and other legal obligations must also be considered.
5. Changing Residential Property into Business Premises
Using a home for occasional, low-impact work does not necessarily amount to a material change of use.
However, planning permission may be required where business activity changes the property’s character from a dwellinghouse to a business premises.
Factors that may be relevant include:
- The number of employees or customers visiting the property.
- The frequency and scale of business activity.
- Increased traffic and parking demand.
- Noise, deliveries or operating hours.
- The extent to which the property continues to function as a home.
The planning assessment depends on the actual nature and intensity of the proposed use.
What Is Permitted Development?
Permitted development rights grant planning permission for certain types of development without requiring a conventional planning application.
Some rights cover specified changes of use, including certain changes from commercial to residential use. Others permit particular alterations or extensions associated with an existing use.
However, permitted development rights are subject to detailed conditions and limitations. They do not apply to every building or every proposed change.
Some rights require the property owner to obtain prior approval from the local planning authority before proceeding. Prior approval allows the authority to assess specified matters set out in the relevant permitted development right.
Restrictions may also apply because of:
- An Article 4 direction.
- A planning condition attached to an existing permission.
- The property’s location or designation.
- The building’s status as a listed building.
- The nature or scale of the proposed development.
- The specific limitations of the relevant permitted development right.
Do not assume that a change is permitted simply because another property nearby has undergone a similar conversion.
The Town and Country Planning (General Permitted Development) (England) Order 2015 contains the relevant national permitted development framework for England.
The Planning Portal’s change-of-use guidance also explains when an application or prior approval may be needed.
How to Apply for Change of Use Planning Permission
Where planning permission is required, the application should clearly describe the existing lawful use, the proposed use and any associated development.
The following steps can help property owners prepare.
Step 1: Establish the Existing Lawful Use
Before applying, establish how the property may lawfully be used.
Do not rely solely on the way the property is currently occupied. The current activity may not reflect the lawful planning use, particularly if previous changes took place without the necessary permission.
The local planning authority may hold planning records and relevant decisions that help establish the position.
The Planning Portal’s guidance on finding the existing use of a property explains how to begin this process.
Step 2: Identify the Proposed Use Class
Determine which use class applies to the intended activity, or whether it falls outside the use classes.
This is important because the existing and proposed classifications help determine whether planning permission is required.
Where the classification is uncertain, seek clarification from the local planning authority or an appropriately qualified planning professional.
Step 3: Check Local Planning Policies
Review the relevant Local Plan and other applicable planning policies.
Depending on the proposal, the authority may consider:
- The suitability of the location for the proposed use.
- The effect on neighbouring properties.
- Traffic, parking and access.
- Noise, odour and other environmental impacts.
- Design and external alterations.
- Flood risk and drainage.
- Heritage considerations.
- The need to protect particular local services or facilities.
For example, converting a commercial property into flats may raise different policy considerations from converting a house into a small office.
Step 4: Prepare the Required Documents
The documents needed depend on the nature and complexity of the proposal.
They may include:
- Existing and proposed floor plans.
- Site location and block plans.
- A description of the existing and proposed uses.
- Design and access information, where required.
- Supporting statements or assessments.
- Details of any external building work.
- Other information requested by the local planning authority.
Ensure that the application accurately describes the proposed use and any associated works.
Step 5: Submit the Application
Applications can generally be submitted online through the Planning Portal or the relevant local planning authority’s application system.
The correct application type depends on the proposal. A change-of-use application may need to be accompanied by a separate or combined application for associated building work.
Application fees and information requirements vary, so confirm the applicable requirements before submitting.
Step 6: Respond to the Planning Authority
The authority may publicise the application, consult relevant parties and assess the proposal against the applicable planning framework.
It may request additional information or seek amendments where appropriate.
The outcome may be permission, permission subject to conditions, or refusal. If prior approval is the relevant route, the authority will assess the matters specified by the applicable permitted development right.
What Factors Can Affect a Change of Use Application?
A change of use application is assessed on its merits. The authority will consider the relevant planning policies and the likely effects of the proposed use.
Impact on Neighbours
A proposed use may create noise, disturbance, overlooking, odour or additional activity affecting nearby properties.
The authority will assess whether the likely impacts are acceptable in the context of the site and relevant planning policy.
Traffic, Parking and Access
Some changes of use increase the number of visitors, deliveries or vehicle movements associated with a property.
The authority may consider highway safety, parking provision, servicing and access arrangements.
Design and External Alterations
A change of use may require physical alterations to the building, such as new windows, doors, extraction equipment, signage or changes to the shopfront.
These works may require planning permission separately from, or alongside, the change of use.
Conservation Areas and Listed Buildings
Properties in conservation areas or buildings that are listed may be subject to additional controls.
A proposed change of use does not remove the need to assess whether alterations to a protected building require listed building consent or other approval.
Local Policy and Site Suitability
The authority may consider whether the proposed use is appropriate for the location and consistent with the development plan.
For example, a proposal in a predominantly residential street may raise different concerns from a similar proposal in an established commercial area.
Planning Permission, Building Regulations and Other Consents
Obtaining change of use planning permission does not automatically satisfy every legal requirement associated with the proposed activity.
Building Regulations
A change of use may trigger Building Regulations requirements even where extensive building work is not proposed.
Requirements may relate to structural safety, fire safety, access, ventilation, sanitation, energy performance or other matters, depending on the building and intended use.
Consult the Planning Portal’s guidance on Building Regulations for changes of use and obtain advice from the relevant building control body.
HMO Licensing
Some properties used as HMOs require a licence under housing legislation. Licensing requirements are separate from planning permission and may vary according to the property and local authority rules.
Check the applicable requirements before letting rooms to multiple occupiers.
Listed Building Consent
Where a property is listed, works affecting its special architectural or historic interest may require listed building consent.
Planning permission and listed building consent are separate approvals. One does not automatically replace the other.
Lease Restrictions and Private Property Rights
Leasehold properties may be subject to restrictions on business use, structural alterations or subletting.
A planning permission does not automatically override a lease restriction, restrictive covenant or other private legal obligation.
Before proceeding, review the relevant documents and obtain any necessary consent.
What Happens If You Change a Property’s Use Without Permission?
Changing the use of a property without the necessary planning permission can lead to enforcement action.
If the local planning authority believes that an unauthorised material change of use has occurred, it may investigate the circumstances and consider the appropriate enforcement options.
Depending on the case, the authority may invite a retrospective application or take formal enforcement action where the legal requirements for doing so are satisfied.
A retrospective application is not a guarantee that the use will be approved. The proposal will still need to be assessed against the applicable planning considerations.
Property owners should not assume that an unauthorised use will become lawful simply because it has continued for a period of time. The relevant enforcement rules, evidence and statutory provisions must be considered.
Where the planning status of an existing use is uncertain, professional advice may help establish the available options.
How Charrette Law Can Help
Change of use projects can involve overlapping planning, property and regulatory issues. Establishing the correct lawful use, identifying the applicable planning requirements and reviewing potential restrictions before work begins can help property owners make better-informed decisions.
Charrette Law provides information on planning and property matters, including commercial planning permission and property development planning permission.
If you are considering a change of use or need advice about a property-related planning issue, you can contact Charrette Law to discuss your circumstances and the appropriate next steps.
Frequently Asked Questions
Do I always need planning permission to change a property’s use?
No. Some changes do not require planning permission, including certain changes between uses within the same use class. Other changes may benefit from permitted development rights. However, conditions, Article 4 directions and other restrictions may affect whether permission is required.
Can I change a shop into a house?
Potentially, but the position depends on the shop’s lawful existing use, the proposed residential use and any applicable permitted development rights. Some commercial-to-residential conversions require prior approval or a full planning application.
Can I change an office into flats without planning permission?
Not automatically. Certain permitted development rights allow qualifying changes from specified commercial uses to residential accommodation, subject to conditions and limitations. You must establish whether the property and proposal qualify.
Do I need permission to convert a house into an HMO?
It depends on the proposed HMO use, the existing lawful use and the applicable local restrictions. A change from Class C3 to Class C4 may be permitted in some circumstances, but an Article 4 direction can remove the relevant permitted development rights. Larger HMOs may fall outside Class C4.
What is the difference between planning permission and prior approval?
Planning permission is formal consent for development where an application is required. Prior approval is a process associated with particular permitted development rights, allowing the local planning authority to assess specified matters before the change or development proceeds.
How long does a change of use planning application take?
The time required depends on the application type, its complexity, whether the authority needs additional information and the applicable determination period. Check the current guidance and requirements with the local planning authority rather than relying on a single timeframe for every proposal.
Can I apply for planning permission after changing the use?
You may be able to submit a retrospective planning application, but approval is not guaranteed. The local planning authority will assess the proposal under the relevant planning framework and may consider enforcement action where appropriate.
Does change of use planning permission cover building work?
Not necessarily. The permission granted must be checked carefully to establish what development it authorises. Associated building work may require separate planning permission or other approvals, including Building Regulations approval.
Conclusion
Change of use planning permission is an important consideration for anyone planning to repurpose a property in England. Whether permission is required depends on the existing lawful use, the proposed use class, applicable permitted development rights and any site-specific restrictions.
Before proceeding, establish the property’s lawful use, review the relevant planning policies and determine whether a full application, prior approval or another consent is necessary. Remember that planning permission is separate from Building Regulations approval, HMO licensing, listed building consent and private property restrictions.
Taking these steps before committing to a conversion or new business use can help reduce the risk of enforcement action, unexpected costs and delays.
