Change of use

Planning Permission

Generally, if it is proposed to change from one Use Class to another, you will need planning permission. Most external building work associated with a change of use is also likely to require planning permission. There are some exceptions that are covered in more detail below.

If you are proposing to change the use of buildings or land, we would always recommend that you seek advice from the local planning authority to confirm whether or not planning permission or prior approval is required.

Additionally, before you lease or buy a property for your business, you should check whether you need to obtain planning permission or prior approval for its intended use and, if so, your chances of getting it.

Changes of use not requiring planning permission

Changes within the same Use Class

Generally, planning permission is not needed when the existing and the proposed uses fall within the same Use Class.

For example, an office could be changed to a nursery, as both are within Use Class E, without the need for planning permission.

However, if building work is associated with the proposed change of use, planning permission may be required for that work.

Permitted development

Some changes from one Use Class to another are covered by 'permitted development' rights (meaning that planning permission is deemed to have been given). Some building work associated with these changes of use can also be covered by 'permitted development' rights.

However, to be eligible for any of these rights, the proposals must meet the specific limitations and conditions set by national legislation. These conditions may also require you to make a prior approval application.

For example, a unit of up to 500 square metres floorspace in ‘General Industrial’ use (Use Class B2) could be changed to a ‘Storage and Distribution’ use (Use Class B8) under 'permitted development' rights.

If your proposal (or an existing change of use) meets the permitted development requirements but you still want proof that it is lawful, you can apply for a lawful development certificate (LDC). Find out more about Lawful Development Certificates.

Please note in regard to changes to Permitted Development from 1 August 2021: Government has implemented a ‘protected development’ provision that may require reference to previous permitted development rights and Use Classes. Find out more about ‘protected development’.

Permanent changes of use

The table below summarises the permanent changes of use covered by ‘permitted development’ rights based on the current legislation, as amended, on 1 August 2021. It does not include rights that are now only available via the ‘protected development’ provision. View full details of the legislation and amendments below

Please note: It presents a simplified overview of complex legislation and should be read as a guide only, and in conjunction with the additional information below it. Temporary changes of use are not included in the table.

From

To

B2 (general industrial)

B8 (storage and distribution) up to 500m2

C1 (hotels)

State-funded school (F1a), subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous use.

C2 (residential institutions) / C2A (secure residential institutions)

State-funded school (F1a), subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous use.

C3 (dwellinghouses)

C4 (small houses in multiple occupation)

C4 (small houses in multiple occupation)

C3 (dwellinghouses)

E (commercial, business and service)

C3 up to 1500m2  subject to meeting all limitations and conditions, including Prior Approval

State-funded school (F1a), subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous use.

A mixed use comprising any of a betting office, a pay day loan shop, E; and up to two flats (C3) may also be permitted subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous non-residential use.

Agricultural buildings (Sui generis)

C3 up to 5 separate dwellings, subject to meeting all limitations and conditions, including Prior Approval

A flexible use within one of B8, C1, E up to 500m2, subject to meeting all limitations and conditions, including Prior Approval

State-funded school (F1a) up to 500m2, subject to meeting all limitations and conditions, including Prior Approval

Amusement arcades/centres (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval

Betting offices (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval, including Prior Approval (includes those already in mixed use with C3)

E (commercial, business and service)

A mixed use comprising any of a betting office, a pay day loan shop, E; and up to two flats (C3) may also be permitted subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous non-residential use.

Casinos (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval

E (commercial, business and service)

Hot food takeaways (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval

E (commercial, business and service)

Launderettes (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval (includes those already in mixed use with C3)

Pay day loan shops (Sui generis)

C3 up to 150m2, subject to meeting all limitations and conditions, including Prior Approval (includes those already in mixed use with C3)

E (commercial, business and service)

A mixed use comprising any of a betting office, a pay day loan shop, E; and up to two flats (C3) may also be permitted subject to meeting all limitations and conditions, including Prior Approval. It may also change back to its previous non-residential use.

Public house, wine bar, or drinking establishment / Drinking establishment with expanded food provision (Sui generis)

A Public house, wine bar, or drinking establishment may change in use to or from a Drinking establishment with expanded food provision.

 

Restrictions on permitted development

The table above summarises the permanent changes of use covered by ‘permitted development’ but there are additional limitations and conditions that any such proposals will need to comply with to be eligible.

These will vary depending on the current/existing and proposed use of the land or building, and its location. Where proposals are not eligible, a planning application will usually be required.

The most common is where the land or buildings are designated or protected. For example, if the land may be in a Conservation Area or the proposals may affect a Listed Building. Each change of use covered by ‘permitted development’ will have a specific list of designations/protections where the rights do not apply. There may also be additional consents required such as Listed Building consent.

There are also often limits on the size of the proposed change of use (which may also need to account for any previous changes of use of the same type), these are summarised in the table above. Where the change of use creates houses, there may be limits on the size and type.

The change of use may also only be eligible for ‘permitted development’ based on the dates and time periods that the current/existing use took place.

If agricultural tenancies are (or have been) in place, then there are specific restrictions to ensure the tenants’ rights.

Removal of permitted development rights

Local authorities can remove permitted development rights in certain areas, meaning that you will require planning permission. Proposals should always be checked with the local authority before starting work.

Find out more about removal of permitted development rights.

Prior approval 

Some changes of use are subject to ‘Prior Approval’. This will require that an application is made to allow the local authority to assess the impacts and risks of the proposal.

You can apply for many types of Prior Approval online through the Planning Portal. Any type of Prior Approval that is not currently available online can be  downloaded as a fillable PDF form.

The matters to be assessed will vary depending on the current/existing and proposed use of the land or building, and its location. For example, these could include the design or external appearance, transport and highways impacts, or flooding risks.

All prior approval applications require a fee to be paid to the local planning authority, though there are exemptions for some specific circumstances.

Further information on permanent changes of use

Houses in multiple occupation

Larger houses in multiple occupation usually require a licence, find out more information and how to apply for a licence in the private renting section of Gov.uk.

Mixed use 

Where a development comprises a ‘mixed use’ of the commercial, business or service use class, and/or certain sui generis uses then there are specific permitted development rights for changes of that mixed use. Proposals should always be checked with the local authority before starting work.

Mixed uses to soley residential use

Where the proposal is a change of use from a mixed use to residential (Use Class C3), this is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • contamination and flooding risks
  • provision of adequate natural light for the residential use
  • impact on the adequate local provision of Launderette services (if relevant)
  • design or external appearance of the building (where building operations are required)

See GPDO Schedule 2, Part 3, Class M (as amended).

Adding up to two flats to a current non-residential mixed use

Where the proposal is a change of use to add up to two flats (Use Class C3) to a current non-residential mixed use, this is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • contamination and flooding risks
  • impacts of noise from commercial premises on the intended occupiers of the residential use
  • provision of adequate natural light for the residential use
  • arrangements required for the storage and management of domestic waste.

See GPDO Schedule 2, Part 3, Class G (as amended).

Commercial, business or service to residential 

Commercial, business or service uses (Use Class E) are permitted to change to residential (Use Class C3).

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport impacts
  • contamination and flooding risks
  • impacts of noise from commercial premises on the intended occupiers of the residential use
  • impact on the character or sustainability of the conservation area (if relevant)
  • provision of adequate natural light for the residential use
  • the impact on intended occupiers of the introduction of residential use in an area considered to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses (if relevant)
  • impact on the adequate local provision of Nursery or Health Centre services (if relevant)
  • the fire safety impacts on the intended occupants (if relevant)

See GPDO Schedule 2, Part 3, Class MA (as amended).

Amusements/casinos to residential

Sui generis uses as amusement arcades/centres or casinos are permitted to change up to 150m2 of floor space (including any previous changes under this right) to a residential (Use Class C3) use. This can also include specified building operations reasonably necessary for the conversion to function as a dwellinghouse:

  • the installation or replacement of:
    • windows, doors, roofs, or exterior walls, or
    • water, drainage, electricity, gas or other services
  • partial demolition to the extent reasonably necessary to carry out building operations

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • contamination and flooding risks
  • the design or external appearance of the building (where building operations are required)
  • provision of adequate natural light for the residential use

See GPDO Schedule 2, Part 3, Class N (as amended).

Agricultural buildings to residential

Agricultural buildings are permitted to change to a residential (Use Class C3) use. This can also include specified building operations reasonably necessary for the conversion to function as a dwellinghouse:

  • the installation or replacement of:
    • windows, doors, roofs, or exterior walls, or
    • water, drainage, electricity, gas or other services
  • partial demolition to the extent reasonably necessary to carry out building operations

This is subject to meeting certain limitations and conditions, including:

  • Creation of no more than five separate dwellinghouses (including any previously created under this right)
  • Up to three of the five can be ‘larger dwellinghouses’ (floor space of 100-465m2).
  • ‘Larger dwellinghouses’ can total no more than 465m2 of floor space (including any previously created under this right) and no single dwellinghouse can exceed 465m2.

This also includes the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • noise impacts
  • contamination and flooding risks
  • location or siting of the building
  • the design or external appearance of the building (where building operations are required)
  • provision of adequate natural light for the residential use

See GPDO Schedule 2, Part 3, Class Q (as amended).

Agricultural buildings to flexible commercial use

Agricultural buildings are permitted to change up to 500m2 (including any previous changes under this right) of floor space to a flexible commercial use, comprising B8, C1 or E Use Classes.

This is subject to limitations and conditions, including (where the cumulative floor space of the change of use exceeds 150m2, including any previous changes under this right) the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • noise impacts
  • contamination and flooding risks

See GPDO Schedule 2, Part 3, Class R (as amended).

State funded schools

Agricultural buildings

Agricultural buildings (including land within its curtilage) are permitted to change up to 500m2 (including any previous changes under this right) to use as a state funded school.

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • noise impacts
  • contamination and flooding risks
  • location or siting of the building

See GPDO Schedule 2, Part 3, Class S (as amended).

Other buildings and land

Buildings and land within B1, C1, C2/C2A and E Use Classes are permitted to change to use as a state funded school.

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • noise impacts
  • contamination risks

See GPDO Schedule 2, Part 3, Class T (as amended).

There is also provision for a temporary change of use to a state funded school as detailed in the section below.

Temporary changes of use

State funded schools

Buildings or land, subject to limitations and conditions, can but used as a state funded school for up to two academic years if its current use is within a specified use class (i.e. not a sui generis use) and if it returns to its previous use when no longer required, or at the end of the second academic year.

See GDPO Schedule 2, Part 4, Class C (as amended).

Previously vacant commercial land

Vacant commercial land (where all buildings have been demolished and the last use was within Use Class C1, C2/C2A, or E) can be used as a state funded school for up to three academic years.

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • transport and highways impacts
  • noise impacts
  • contamination and flooding risks
  • siting and design of the development

See GDPO Schedule 2, Part 4, Class CA (as amended).

Temporary flexible use

Buildings (including land within its curtilage) with Use Class E or betting office, pay day loan shop or hot food takeaway (sui generis) uses are permitted to change use for a single continuous period of up three years to Use Class E or F1b/c/d/e uses.

See GPDO Schedule 2, Part 4 Class D (as amended).

Temporary use for the provision of takeaway food

Between 24 March 2020 and 23 March 2022, restaurants and cafes (Use Class Eb) and drinking establishments, including those with expanded food provision can change to a use for the provision of takeaway food (Hot food takeaway and/or any use for the provision of hot or cold food that has been prepared for consumers for collection or delivery to be consumed, reheated or cooked by consumers off the premises).

This is subject to the local authority being notified of the change of use, and the use reverting back to the original one at the end of the time period above, or earlier if the provision of takeaway food ceases.

See GPDO Schedule 2, Part 4, Class DA (as amended).

Temporary use for commercial film making

Buildings or land are permitted to be used for commercial film making for a up to 9 months in any 27-month period. This includes provision of temporary structures, works, plant or machinery required for that use.

This is subject to limitations and conditions, including the need to apply for Prior Approval based on the:

  • dates of the filming periods and hours of operation
  • transport and highways impacts
  • noise and light impacts
  • flooding risks
  • siting and design of the development

See GDPO Schedule 2, Part 4, Class E (as amended).

Emergency development by a local authority or health service body

Until 31 December 2021, on land owned, leased, occupied or maintained by a local authority or health service body, change of use can occur for the purposes of:

  • preventing an emergency;
  • reducing, controlling or mitigating the effects of an emergency; or
  • taking other action in connection with an emergency.

This is subject to limitations, conditions and the local authority (if they are not the developer) being notified of the change of use.

The use must cease on or before 31 December 2021, and the land must be restored within 12 months.

See GDPO Schedule 2, Part 12A (as amended).

Permitted development legislation

The following links provide the detailed legislation.

Main legislation

The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

Explanatory memorandum (PDF).

Amending legislation

Please note, this lists the amendments relevant to the information on this page, you can also view a full list of changes made.