Introduction

Since the mid-2010s there has been a rise in the conversion of premises from commercial to residential. Accelerated by the Covid-19 pandemic, which led to an increase in remote working, property owners have been seeking permission to convert business units into homes, filling empty properties and helping to address the UK’s housing crisis.

In this blog we’ll discuss the topic of Class MA which allows the change of use from commercial premises to residential use, and how policy shifts have made this easier to fill the increasing number of vacant commercial units.

What is Class MA?

Class MA is a specific permitted development right in England that allows the change of use from commercial premises (Use Class E) to residential use (Class C3) without the need for full planning permission. It can be found under Part 3 of the General Permitted Development Order (GPDO) and is designed to simplify and speed up the conversion process.

Despite removing the need for full planning permission, prior approval is still required from the Local Planning Authority (LPA) for a change of use.

Importantly, whilst the change of use process is simplified under Class MA, no physical works to the property are included, and would therefore be subject to a separate approval from the LPA.

If the building is in need of alterations, for example additional windows, new facades or the creation of new entrances, a full planning application would need to be submitted.

What are the benefits of Class MA?

For property owners and developers, Class MA can help to unlock value from empty units, giving them a new lease of life with a different use – and a new income stream.

It provides a faster and more reliable route to conversion than a full planning application, expediting the process.

For communities, Class MA supports the delivery of new homes, often close to existing local amenities, whilst reducing pressure on greenfield sites.

Eligibility criteria for Class MA

For Class MA prior approval, there are certain criteria which need to be met. Firstly, the premises in question must fall within Use Class E - commercial, business and service use. Class E was introduced in 2020 and has several subcategories:

  • E(a): Shops (retail sale of goods, excluding hot food)
  • E(b): Restaurants and cafés (for consumption mostly on the premises)
  • E(c): Financial, professional and other services
  • E(d): Indoor sport, recreation or fitness
  • E(e): Medical or health services
  • E(f): Crèches, day nurseries or day centres
  • E(g): Offices, research and development, and light industrial processes

Secondly, the property in question must not be restricted by any prior planning conditions or legal agreements.

The premises would need to be of a suitable type, meeting Nationally Described Space Standards to ensure adequate internal space is provided for all residents, with acceptable levels of natural light.

Fire safety assessments are also required for buildings with more than two dwellings, and for those over 18 metres in height, or with seven storeys or more.

Finally, Article 4 directions may have a bearing on eligibility for Class MA prior approval. These are used by LPAs to restrict permitted development rights in specific areas.

While permitted development (like Class MA) allows certain changes without full planning permission, an Article 4 Direction can remove that automatic right, meaning a full planning application would be required instead.

The prior approval process

Before any LPA rubber-stamps a Class MA application, it will need to conduct a thorough assessment of the premises in question.

This will include a review of:

  • Transport impacts to assess whether the proposed residential use would create pressure on local roads, parking or public transport.
  • Contamination to consider whether the site poses health risks due to previous industrial or hazardous uses.
  • Flood risk to evaluate the vulnerability of the site to flooding.
  • Noise to examine whether surrounding activities could cause unacceptable disturbance to residents.
  • Conservation area impact to check whether the change of use would harm the character or appearance of a designated heritage area.
  • Natural light provision to ensure all habitable rooms receive adequate daylight for healthy living conditions.
  • Impact on residents in industrial areas to consider whether nearby heavy industry could make the site unsuitable for housing.
  • Loss of nurseries or healthcare facilities assesses whether the conversion would have a detrimental effect on local access to essential services.

The period for the LPA to conduct the above assessments is 56 days. If no issues are raised within this timeframe, permission is granted automatically.

With Class MA prior approval in place, the owner/developer must complete the conversion within three years of the date of permission being granted.

Technical and legal considerations

Class MA sits outside of the realms of standard planning applications, and there are several key differences to be aware of.

  • It does not require compliance with planning policy (for example, affordable housing quotas).
  • It is not subject to Biodiversity Net Gain commitments.
  • As of March 2024, there is no limit to the amount of floorspace that can be converted under Class MA, opening up larger commercial buildings for residential reuse.
  • While Class MA no longer requires the premises to be vacant prior to application, developments may still be liable for Community Infrastructure Levy (CIL) if the building has been vacant for more than three years and unused for a continuous six-month period.
  • Approval does not guarantee lawfulness - any proposal must strictly meet Class MA criteria.

How Squires Planning supports with Class MA applications

The team at Squires Planning are experienced in achieving Class MA prior approvals for clients, helping them to gain permission from LPAs to convert existing commercial premises into modern new homes.

We offer the following services to support the process:

  • Class MA eligibility assessments.
  • Investigations into restrictive conditions or legal agreements.
  • Article 4 restriction checks.
  • Advice on necessary alterations (e.g. window additions) and securing permissions.
  • Preparation and submission of Class MA applications.
  • Preparation and submission of supporting documents including plans, light assessments and fire safety reports.
  • Communication with planning officers to ensure correct procedures are followed.

Case Studies and resources

To help property owners navigate the practical application of Class MA, we have compiled a selection of case studies and resources below.

Project examples from Squires Planning

Legislation and Policy References

Are you considering an application for Class MA prior approval?

If you have a vacant commercial premises and need it to realise its value, a Class MA prior approval could offer the perfect solution. With demand for new homes at an all-time high, a change from commercial use to residential could bring you a new, reliable income stream, and quicker than you might think.

Book a meeting with one of our team today to discuss your Class MA project.