Converting Your Commercial/Business/Service (Use Class E) Property to Residential with Permitted Development – Part 3, Class MA

Converting Your Commercial/Business/Service (Use Class E) Property to Residential with Permitted Development – Part 3, Class MA

Introduction

Are you looking to convert your Use Class E (commercial, business and service) property to residential? In this article, we’ll explore the process of converting from Use Class E to Residential.

Changing the Use Class E to residential has become much easier since the introduction of Permitted Development – Class MA. However, it’s important to be aware of the conditions and limitations associated with the change of use and to obtain prior approval from the local planning authority before beginning any development activities. 

Current Use Class E (2023) – Commercial/Business/Service

To begin with, it’s important to identify the current use class of your property. As of September 1st, 2020, Use Class E broadly covers a range of activities, including the display or retail sale of goods, financial and professional services, indoor sports and fitness activities and provision of medical or health services. Use Class E also covers some activities that can be carried out in a residential area without detriment to its amenity, such as offices for operational or administrative functions and research and development activities.

Change of Use from Use Class E to Residential

Permitted Development – Class MA has made the change of use from Use Class E to residential a permitted development. This has made the process of converting commercial properties to residential properties much easier, with some conditions and limitations that need to be considered. 

Permitted Development – Class MA

Some of the conditions that need to be satisfied to take advantage of the class MA permitted development rights are:

  • The property needs to be vacant for a period of 3 months before the application for Prior Approval.
  • The property needs to have been in Use Class E for at least 2 years prior to the application for Prior Approval.
  • No external changes are allowed without approval. If an additional window, door, or other external feature is required, a planning application will be needed.
  • Additional reports may be required for properties over 18m high or over 7 storeys above ground, including a fire safety report, and for properties located within flood risk zones, a flood risk assessment may be required.

Determination of Prior Approval

For class MA permitted developments, it’s necessary to submit an application to the local planning authority to determine if prior approval is required. A determination of prior approval application is typically required for assessing transport impacts of the development, ensuring safe site access, contamination and flooding risks and evaluating the impacts of noise from commercial premises on intended occupiers.

Additionally, the authorities will assess the impact of changes of use of the ground floor in conservation areas, provision of adequate natural light, impact on residential use in industrial areas, loss of essential services and fire safety impacts. 

For more requirements of Class MA, please check the legislation:
https://www.legislation.gov.uk/uksi/2021/428/article/6/made?view=plain

 

If you need further guidance or assistance with converting your property, don’t hesitate to get in touch with us for a comprehensive review of the applicable conditions.

 

DISCLAIMER: There are numerous caveats and restrictions. Because of the generality of this update, the information provided herein may not be applicable in all situations.A comprehensive review would be required for certainty. The information contained on this website is for general information purposes only.

While every effort has been made to ensure that the information provided is accurate and relevant, we do not accept any liability for any decisions made based on this information, including any financial or construction-related decision.
For permitted development rights, it is important to note that when inquiring about the permissibility of proposed works, councils may not provide a definitive response via email. Instead, they may advise submitting a certificate of lawfulness to determine whether the works are permitted or not. While this may not always be necessary, it can provide certainty in cases where it is required.

Please contact us for further information and a more detailed assessment. If you are in any doubt, you should contact your Local Authority before undertaking any work. Whilst we endeavour to keep the information up to date and detailed, Se & Se Consultancy Ltd. makes no representations or warranties about the accuracy with respect to information of any kind without a detailed assessment and/or Local Authority confirmation.

Se & Se Consultancy Ltd. 2023 |
Planning and Architectural Specialists

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