Change of Use Planning Permission Explained

What change of use means in planning terms, the Use Classes Order, when you need permission, and the permitted changes available.

Change of use occurs when a building or land is used for a different purpose than its current planning use. In many cases, this requires planning permission, but some changes are permitted without an application.

What Is Change of Use?

Every building and piece of land has a planning "use" - the purpose for which it was permitted. Common uses include residential (houses, flats), commercial (offices, shops), and industrial. Changing from one use to another is called a "change of use" and may require planning permission.

The Use Classes Order

Uses are grouped into classes under the Town and Country Planning (Use Classes) Order 1987 (as amended). The current main classes are:

Class C - Residential

• C1 - Hotels and guest houses
• C2 - Residential institutions (care homes, hospitals)
• C2A - Secure residential institutions
• C3 - Dwellinghouses (families, up to 6 people living together)
• C4 - Houses in multiple occupation (HMOs, 3-6 unrelated people sharing)

Class E - Commercial, Business and Service

Introduced in 2020, Class E covers a wide range of high-street and commercial uses:

• Shops and retail
• Restaurants and cafes
• Financial and professional services
• Indoor sport and fitness
• Health centres and creches
• Offices, research and development, light industrial

You can change between any uses within Class E without planning permission.

Class F - Local Community and Learning

• F1 - Learning and non-residential institutions (schools, galleries, museums, places of worship)
• F2 - Local community uses (small shops under 280sqm, community halls)

Sui Generis (In a Class of Its Own)

Some uses do not fall into any class and are described as "sui generis":

• Pubs, drinking establishments and takeaways
• Cinemas, concert halls, bingo halls
• Petrol stations, car showrooms
• Nightclubs, laundrettes
• Large HMOs (more than 6 people)

Any change to or from a sui generis use always requires planning permission.

Permitted Development Changes

Some changes of use are allowed under permitted development, often subject to a prior approval process. Key permitted changes include:

• Class E to C3 (commercial to residential) - subject to prior approval, the building must have been in Class E use for at least 2 years, and there is a maximum of 1,500 sqm per building
• Agricultural buildings to residential - up to 5 dwellings via prior approval (Class Q)
• Agricultural buildings to commercial - up to 500 sqm (Class R)
• C3 to C4 (dwelling to small HMO) - permitted development in most areas, but many councils have issued Article 4 Directions removing this right

Prior Approval

For permitted development changes of use, you typically need to submit a prior approval application (£120 fee). The council can only consider specific matters such as:

• Transport and highway impacts
• Contamination and flooding risks
• Impact on the character of the area
• Adequacy of natural light for residential use
• Impact on the sustainability of key shopping areas

When You Always Need Full Planning Permission

• Any change involving a sui generis use
• Changes not covered by the permitted development provisions
• Changes in areas where Article 4 Directions apply
• Material changes to the external appearance of the building

Key Considerations

• Business rates vs council tax - changing use may change how the property is rated and taxed
• Building regulations - a change of use almost always triggers building regulations requirements, particularly for fire safety, means of escape, and accessibility
• Mortgage and insurance - your lender and insurer must be notified of any change of use
• Neighbours and community - consider the impact of the new use on surrounding properties