Planning Permission for Change of Use

You need planning permission for a change of use when the change is 'material' (significant enough to alter the character of the use) and falls outside the permitted changes granted by the GPDO 2015. The 2020 Use Classes Order significantly simplified the system by merging shops, offices, restaurants, and light industry into a single Class E — meaning changes within Class E don't need permission. However, changes to or from sui generis uses (pubs, takeaways, nightclubs) always require permission. This guide explains the use classes system, when you need permission, and the significant changes introduced in 2020.

What Is a "Change of Use"?

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Key Change of Use Facts (England, 2024)

• 2020 Use Classes Order merged A1 (shops), A3 (restaurants), B1 (offices) into Class E
• Changes within the same use class: no planning permission needed
• Sui generis uses (pubs, takeaways, nightclubs): always need permission for any change
• Class MA: commercial (E) to residential (C3) via prior approval
• Prior approval fee: £120 per dwelling
• Building must have been in commercial use for at least 2 years for Class MA

What is a material change of use? A material change of use is a change in the primary purpose of a building or land that is significant enough to have planning implications. Whether a change is 'material' is a matter of fact and degree — assessed by considering the impact on traffic, noise, amenity, character, and the planning merits. Not every change in use is material.

In planning law, "development" includes not just building works but also any material change in the use of land or buildings. If you change the primary use of a building from one purpose to another, you may need planning permission — even if you don't alter the building physically.

The key word is "material." Not every change in use is material. A material change is one that's significant enough to have planning implications — affecting things like traffic, noise, hours of operation, or the character of the area.

The Use Classes Order (2020)

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 overhauled the use classes system in England from 1 September 2020. The current classes are:

Class E — Commercial, Business and Service

This is the big one. Class E merged several former use classes into a single flexible class:

• E(a) — Shops (formerly A1)
• E(b) — Restaurants and cafés (formerly A3)
• E(c) — Financial and professional services (formerly A2)
• E(d) — Indoor sport, recreation or fitness (formerly D2 part)
• E(e) — Medical or health services (formerly D1 part)
• E(f) — Crèche, day nursery, day centre (formerly D1 part)
• E(g) — Offices, research and development, light industrial (formerly B1)

The crucial point: Changes within Class E do not need planning permission. A shop can become a gym, an office can become a café, a bank can become a medical centre — all without any planning application.

Class F.1 — Learning and Non-Residential Institutions

• Schools, museums, libraries, galleries, public halls, churches

Class F.2 — Local Community

• Small shops under 280m² (more than 1km from another similar shop)
• Community halls, outdoor sport, swimming pools, skating rinks

Sui Generis (In a Class of Its Own)

Uses that don't fit any class and can't change without permission:

• Pubs and drinking establishments (formerly A4)
• Hot food takeaways (formerly A5)
• Cinemas, concert halls, bingo halls, dance halls
• Petrol stations
• HMOs (houses in multiple occupation)
• Hostels, nightclubs, casinos, laundrettes, taxi businesses
• Scrapyards, amusement centres

Permitted Changes (No Planning Application Needed)

Some changes between use classes are permitted development under Part 3 of the GPDO. Major permitted changes include:

Class MA — Commercial to Residential

Offices, shops, restaurants, and other Class E uses can convert to residential (Class C3) through prior approval. Conditions:

• Building must have been in Class E use for at least 2 continuous years
• Vacant for no more than 3 years
• Floor area limit of 1,500m²
• Prior approval required (not full planning permission) — the council assesses transport, flooding, contamination, natural light, fire safety, noise, and impact on adequate provision of services
• Fee: currently £120 per dwelling (up to 50 dwellings)

This has been hugely significant — thousands of offices and shops have converted to flats under this route since it was introduced.

Class O — Office to Residential (Largely Replaced by MA)

The original office-to-residential PD right (Class O) has been superseded by Class MA for most purposes.

Other Permitted Changes

• Agricultural buildings to residential (Class Q) — up to 5 dwellings, prior approval needed
• Agricultural to flexible commercial use (Class R)
• Shops to financial/professional services and vice versa (within Class E, no application needed)

When You Always Need Planning Permission

• Any change to or from sui generis uses (pubs, takeaways, nightclubs, etc.)
• Changes involving listed buildings (listed building consent also needed)
• Changes where conditions on previous permissions restrict the use
• Changes that involve physical alterations beyond the scope of PD
• Residential to commercial — there's no general PD right for this direction
• Changes to or from HMOs above certain thresholds

Material Change of Use: The Grey Area

Some changes are clearly material (shop to nightclub). Others are debatable:

• Working from home — using part of a house as an office is usually not a material change if the house remains primarily a dwelling. If the business dominates (customers visiting, deliveries, employees), it becomes material
• Airbnb and short-term lets — occasional letting is unlikely to be material. Frequent, year-round short-term letting of a whole property may constitute a material change to a sui generis use
• Garden land to parking — using your garden for parking your own car isn't a change of use. Using it as a commercial car park is
• Agricultural to equestrian — keeping horses for leisure on farmland may or may not be a material change, depending on scale and character

The Application Process

A change of use application follows the standard planning application process:

1. Submit a full planning application (or prior approval for permitted changes)
2. The council considers the planning merits
3. Decision within 8 weeks (13 weeks for major applications)
4. Fees vary: £578 per dwelling for change of use to residential; other fees depend on the use

What the Council Considers

• Impact on the area's character — is the new use compatible with surrounding uses?
• Traffic and parking — will the new use generate more or different traffic?
• Noise and disturbance — particularly for changes to restaurants, bars, or entertainment
• Loss of existing use — councils may resist losing shops, employment space, or community facilities
• Hours of operation — conditions often restrict opening hours
• Amenity — effect on neighbours' living conditions

Section 106 Agreements

Larger change-of-use developments (particularly to residential) may trigger Section 106 requirements for:

• Affordable housing contributions
• Infrastructure contributions
• Community facility provision
• Open space contributions

Scotland, Wales, and Northern Ireland

The 2020 Use Classes Order changes apply only to England. Scotland, Wales, and Northern Ireland retain their own use classes systems:

• Scotland uses a different classification system under the Town and Country Planning (Use Classes) (Scotland) Order 1997
• Wales retains the pre-2020 use classes (A1, A2, A3, B1, etc.)
• Northern Ireland has its own Use Classes Order

Frequently Asked Questions

Can I change my shop into a restaurant without planning permission?

In England, yes — both are Class E uses, and changes within Class E don't need planning permission. You may still need building regulations approval for kitchen extraction, fire safety, etc.

Can I convert my office into flats?

Yes, through the Class MA prior approval process. The building must have been in Class E use for 2+ years, and the council assesses specific impacts. This is not a full planning application, but approval is not guaranteed.

Do I need planning permission to run a business from home?

Usually not, if the house remains primarily a dwelling. If the business involves customers visiting, commercial vehicles, employees, or significant activity, it may become a material change of use.

Can a pub change to a shop without planning permission?

No. Pubs are sui generis (in their own class). Any change from a pub needs planning permission. Many communities have used this to protect local pubs from conversion.

What's the difference between planning permission and prior approval?

Full planning permission involves a comprehensive assessment of all planning issues. Prior approval is a lighter process where the council can only consider specific listed matters. Prior approval applications are cheaper and usually quicker.

Can I change agricultural land to residential?

Under Class Q, agricultural buildings (not land) can convert to up to 5 dwellings through prior approval. The building must have been used for agriculture for at least 10 years. Converting open agricultural land to residential always needs full planning permission.

What happens if I change use without permission?

The council can take enforcement action. For changes of use, the enforcement period is 10 years (not 4 years as for building works). After 10 years of continuous use, the change becomes immune from enforcement.

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Further Reading

Related Guides

• How to Appeal a Planning Decision
• Permitted Development Rights Explained
• planning enforcement when rules are broken
• What Are Material Planning Considerations?
• conservation areas and planning

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