Sui Generis Use Explained — The Planning Class That Doesn't Fit Any Class

Sui generis is Latin for 'of its own kind'. In UK planning, it is the catch-all category for uses that do not fit any of the recognised Use Classes in the Town and Country Planning (Use Classes) Order 1987. Pubs, hot food takeaways, cinemas, casinos, scrap yards, taxi businesses, betting shops, payday loan shops, and HMOs of seven or more occupants are all sui generis. Because they sit outside the Use Classes Order, you cannot move into or out of a sui generis use under any permitted change of use right — every change requires a fresh planning application.

The classification matters because it changes the entire planning rulebook around your building. A property in Class E can switch internally between offices, shops, restaurants, gyms, clinics and several other uses without any planning permission. A property in sui generis cannot. Every change is a new application, and every application can be refused.

The Town and Country Planning (Use Classes) Order 1987 as amended lists the use classes. The GOV.UK guide to change of use explains how movement between them works. This guide explains sui generis specifically — what counts, why it exists, and what to do when you need to change a sui generis use.

What Sui Generis Actually Is

Sui generis is not a category in the Use Classes Order — it is the absence of one. The Order lists positive categories (Class B, Class C, Class E, Class F and so on). Anything not listed within those categories defaults to sui generis. The Order then names specific uses as sui generis to remove any ambiguity.

The current sui generis list, as of 2026, includes:

• Theatres
• Amusement arcades and centres
• Launderettes
• Petrol filling stations
• Sale or display of motor vehicles
• Taxi businesses
• Scrap yards, storage or distribution of minerals, the working of waste
• Public houses, wine bars, drinking establishments
• Hot food takeaways (food and drink for consumption mainly off the premises)
• Live music venues
• Cinemas
• Concert halls
• Bingo halls
• Dance halls
• Casinos
• Betting shops
• Pay day loan shops
• Large HMOs of more than six occupants

Some uses moved into or out of sui generis as the Order has been amended. The major 2020 reforms consolidated many former categories into the new Class E and Class F, which changed the boundary line significantly.

Why Sui Generis Exists As A Category

The Use Classes Order was designed to give building owners flexibility within a category. If a row of shops is all Class E, a coffee shop can become a clinic without anyone needing to apply for planning permission. The category exists so that minor commercial churn does not clog the planning system.

Sui generis is the opposite of that. The uses on the list are uses that Parliament and successive governments considered to have specific planning implications that warrant case-by-case decisions. Pubs, hot food takeaways and live music venues affect noise and the amenity of neighbouring residents. Casinos and betting shops attract specific anti-social-behaviour concerns. Scrap yards and petrol stations affect environmental amenity. Taxi businesses affect highway use.

Putting these uses outside any Use Class is deliberate. It forces the planning system to look at each change individually rather than treating it as ordinary commercial movement.

The Practical Consequence — No Permitted Changes Of Use

The single most important consequence of sui generis classification is the loss of permitted change of use rights. The General Permitted Development Order grants automatic rights to move between certain Use Classes — most famously, Class E to residential under Class MA, and various Class E internal flexibilities.

A sui generis use is not eligible for any of these blanket rights. If you own a pub and want to convert it to flats, you cannot do so under permitted development as you could from many Class E premises. You must apply for full planning permission for change of use.

There are narrow exceptions written specifically into the Order. Pubs have a specific PD route to certain food or drink uses. Hot food takeaways have a narrow PD route. Some changes from sui generis to Class E uses are permitted, but the route is specific and conditional. The general rule remains that sui generis means a fresh planning application.

Pubs As A Worked Example

A pub is sui generis. The owner cannot turn it into a residential dwelling under Class MA because Class MA applies only to Class E uses. Converting a pub to residential needs a full planning application, and many councils have local policies presuming against the loss of pubs without a viability case demonstrating that the pub is genuinely unviable.

If the pub is listed as an Asset of Community Value (ACV) under the Localism Act 2011, additional protections apply. The community has a moratorium period to bid to buy the pub before any change of use can proceed.

If the building is converted physically — for example, by inserting flats above the pub while keeping the ground floor in pub use — the change of use only applies to the upper floors. The ground floor remains sui generis. This kind of mixed-use intervention is a common practical compromise.

HMOs And The C4 / Sui Generis Boundary

Houses in Multiple Occupation (HMOs) sit on the boundary between two categories. Small HMOs of three to six unrelated occupants fall within Use Class C4. Large HMOs of seven or more occupants are sui generis.

The Use Classes Order allows changes between C3 (dwellinghouse) and C4 (small HMO) as permitted development, in principle. However, many councils have introduced Article 4 directions removing this PD right in specific neighbourhoods where HMO concentration has become a local issue. Where an Article 4 direction applies, even a small HMO change requires planning permission.

A change from a C4 small HMO to a large sui generis HMO is never permitted development. It is a change to a sui generis use and always needs a planning application.

Hot Food Takeaways — Class A5 No More

Hot food takeaways were Use Class A5 until the 2020 reforms. They are now sui generis. Many existing takeaways still describe themselves as "A5" but the legal classification is sui generis.

The change matters for change of use planning. A takeaway cannot move between food categories under Class E because Class E does not include the takeaway category. Conversion of a takeaway to a cafe (Class E), restaurant (Class E) or office (Class E) all require planning permission, although in practice many of these changes are routinely granted.

How To Find Out If Your Property Is Sui Generis

Three steps:

1. Check the planning history. Search the address on PlanWatch or your council planning register. Look for the most recent grant of planning permission or Lawful Development Certificate. The decision notice should state the use.
2. Check the use class explicitly. If the most recent decision notice refers to a Use Class (B2, C3, E(a) etc), the property is in that class. If the decision describes the use without a class — "use as a public house", "use as a hot food takeaway" — the property is sui generis.
3. Apply for a Lawful Development Certificate if uncertain. An LDC formally confirms the existing lawful use. It costs around £103 for a householder application or higher for non-residential, but it is the only definitive answer if the planning history is unclear.

The presumption can also be reversed by abandonment. If a use has been abandoned (typically four years of disuse plus a clear intention to abandon), the lawful use reverts to the previous lawful use or to a null state, and re-establishing the sui generis use may require fresh permission.

Changing A Sui Generis Use — How To Apply

If you need to change a sui generis use, the process is the same as any other planning application:

1. Pre-application advice. Most councils offer paid pre-application advice. For a sui generis change, this is almost always worthwhile because the policy considerations vary widely between council areas.
2. Application form. Submit a full planning application via the Planning Portal or the council's own portal. Include a clear description of the existing and proposed uses.
3. Supporting documents. The level of supporting documentation depends on the change. Loss of a community use (pub, theatre, live music venue) typically requires a viability assessment. Conversion to residential typically requires daylight and amenity analysis. Conversion to a noisy use typically requires acoustic assessment.
4. Consultation period. Standard 21-day consultation with neighbours and statutory consultees.
5. Decision. Usually eight weeks for minor changes, thirteen weeks for major. Conditions are common — for example, restrictions on opening hours for a new bar or restaurant.

Why It Matters For Buyers And Investors

If you are buying a property — particularly a commercial or mixed-use property — sui generis classification is a material factor in valuation. A building in Class E carries flexibility and a wider buyer pool. A sui generis building does not, and the development value is bounded by what the planning system will permit.

If you are a developer, confirming the sui generis status early is essential. Optimistic assumptions about converting a pub or takeaway to flats under permitted development have caught out experienced operators. Class MA does not apply. Prior approval does not apply. Full planning permission is required, and refusal is a live possibility on local policy grounds.

Common Mistakes

Do not assume that a property's planning history dictates its current use class — uses can be abandoned, and the Use Classes Order has been amended several times.

Do not assume that because a building looks like a shop it is in Class E — many former Class A1 uses have been confirmed as sui generis in later decisions for specific reasons.

Do not rely on agent particulars or marketing language to determine use class. Get a Lawful Development Certificate or formal planning advice if the figure matters.

Do not assume that loss of a pub or community use is a routine application. Many councils have specific protective policies, and refusals are common.

Official Sources

• Town and Country Planning (Use Classes) Order 1987 as amended
• GOV.UK use classes guidance
• GOV.UK change of use guidance
• Localism Act 2011 — Assets of Community Value

Related PlanWatch Guides

• Planning Permission For Change Of Use
• Planning Permission For Flats And HMOs
• Permitted Development Rights Explained
• Lawful Development Certificate Cost
• Local Plans Explained

Frequently Asked Questions

What does sui generis mean in planning?

Sui generis is Latin for 'of its own kind'. In planning, it describes a use that does not fit any of the recognised Use Classes in the Town and Country Planning (Use Classes) Order 1987. Sui generis uses are listed individually in the Order itself.

Why does it matter if my building is sui generis?

Because sui generis uses fall outside the Use Classes Order, you cannot move between uses under permitted change provisions. Every change of use to or from a sui generis use requires a fresh planning application.

Is a pub sui generis?

Yes. Drinking establishments (pubs, bars, wine bars and similar) are explicitly listed as sui generis in the 1987 Order as amended. Cinemas, hot food takeaways, taxi businesses, scrap yards, casinos, betting shops, payday loan shops and HMOs of seven or more occupants are also sui generis.

Can a sui generis use change to another use without permission?

Generally no. There are limited permitted development rights from some specific sui generis uses (for example, pubs and hot food takeaways have specific change-of-use PD rights to certain residential or Class E uses), but as a rule any change to or from sui generis needs planning permission.

How do I find out if my property is sui generis?

Check the planning history of the address on PlanWatch or the council planning register. Look for the most recent grant of planning permission or Lawful Development Certificate that confirms the current use. If the use does not fit any Use Class category, it is sui generis.

Is a HMO sui generis?

Small HMOs of three to six unrelated occupants fall within Use Class C4. Large HMOs of seven or more occupants are sui generis. Many councils have removed the permitted change between C3 and C4 by Article 4 direction, so always check locally.

The Sensible Test

If a property's use is not on any Use Class list, it is sui generis. Treat sui generis as a planning constraint rather than a label — it controls what you can do next more than the bricks and mortar do. Before buying, converting or selling, confirm the use class explicitly. The wrong assumption here is one of the most expensive mistakes a developer can make.