Class MA – Use Class E (offices, shops, gyms, cafes, restaurants etc) to Residential Dwellings (2024)

Class MA of the General Permitted Development Order (GPDO) is an excellent planning tool that allows the change of use of a property that currently falls within the Class E (commercial, business and service) planning use to create Class C3 dwellinghouses / residential units.

Class MA of the GPDO will be particularly useful for Class E commercial landlords looking to repurpose a vacant or redundant commercial unit, and property investors and developers, who are looking at ways to add value to a building through planning gain. Class MA can therefore be an excellent mechanism to generate property wealth without having to go through the normal planning channels.

Class MA applies to the commercial uses that fall within Class E of the GPDO. The Class E planning use actually covers many types of commercial activities, including: shops; financial and professional services; light industrial, restaurants and cafés; offices; clinics and health centres; crèches and day nurseries; and indoor sports spaces, like gyms.

There will be many opportunities to apply Class MA over the coming years, as changing economic conditions, and working practices have changed the way that commercial space is used and the demand for it.

Please read on for a simple guide of the Class MA GPDO planning process. This could help you plan your next project.

The Class MA Planning Process

A Prior Approval planning application will need to be submitted to the local planning authority to judge whether the building complies with the requirements of the GPDO.

This Prior Approval application process costs £100 per dwelling.

The Prior Approval process will also take 56 days.

Once granted you have three years from the date of the prior approval to carry out the works

2024 Changes to Class MA

The government has recently announced significant changes to Class MA. These include:

• The removal of the previous 1,500 sq meters size limit; and

• The property will no longer need to be vacant for three months before submission.

These changes will become effective for applications submitted on or after 5th March 2024.

This change is expected to open new possibilities for buildings that were previously only partially converted, leaving the remaining space as offices. The lifting of the size limit and vacant requirement provides more flexibility and opportunities for property owners and developers.

Class MA Restrictions

The Prior Approval application will be assessed by the planning officers against a number of criteria to demonstrate compliance with Class MA of the GPDO. This criteria sets a number of restrictions, see below for more information:  

• The commercial unit must be vacant – Up until 5th March 2024, Class MA requires that the building must have been vacant for a continuous period of at least 3 months immediately prior to the application for Prior Approval. After 5th March, this requirement will be removed.

• Date Stamped – The commercial building must have been within Class E use for period of at least 2 years prior to the application for Prior Approval.

• Floorspace limits – To comply with Class MA, the total floor area must not exceed 1,500 sq m. This size requirement will be removed from 5th March 2024.

There are other restrictions, that would prevent Class MA from being applicable. It wont’ apply if the building forms part of:

• a site of special scientific interest;

• a listed building or land within its curtilage;

• a scheduled monument or land within its curtilage;

• a safety hazard area; or

• a military explosives storage area.

 It would also not apply if the building is within:

• an area of outstanding natural beauty;

• An area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;
  the Broads;

• a National Park; or

• a World Heritage Site.

Class MA Conditions

Provided that none of the restrictions mentioned above apply, then the Class MA Prior Approval planning application for the proposed commercial to residential change of use will be assessed against a number of conditions, see below. It may be necessary to seek specialist technical advice and assessments for a number of these matters, depending on the circumstances of the building in question.

• transport impacts of the development, particularly to ensure safe site access;

• contamination risks in relation to the building;

• flooding risks in relation to the building;

• impacts of noise from commercial premises on the intended occupiers of the development;

• if the building is located in a conservation area, the impact of that residential change of use on the character or sustainability of the conservation area;

• the provision of adequate natural light in all habitable rooms of the dwellinghouses;

• the relationship between the residential use and any industrial neighbours

• where the development involves the loss of services provided by a registered nursery, or
  a health centre, the impact of the loss of that facility.

• Fire risk if the building is higher than higher than 18 metres  or contains more than 7 stories above ground. 

Please also note that National Space Standards will apply. Article 3 of the GPDO states that the GPDO does not grant permission for any dwellinghouse that would be less than 37sqm or would not comply with the nationally described space standard. Therefore, minimum national space standards will have to be met. Class MA once in force.

External Alterations

If you project requires any external alterations, e.g. replacement windows or doors, cladding etc then these works will not be covered by Class MA of the GPDO. A full planning application will be required.

Article 4 Restrictions

Some local planning authorities have placed Article 4 restrictions over certain areas to prevent the change of use of commercial space to residential use.

Are you planning a Class E Change of Use?

Do you have a commercial unit that falls within Class E of the GPDO and want to explore whether it can be converted into residential units? A D P can assist you by ensuring that you are compliant with Class MA, and we can prepare the necessary plans required for the Prior Approval application process. Please contact us mail@adpltd.co.uk or use the form below: