Change of Use Planning Permission – Guidelines for UK Developers

Whether turning apartments into office space or high street shops into residential homes, modifying properties enables developers to unlock and enhance the value of investments. In the UK, where all buildings are classified according to their function, developers regularly require change of use planning permission. This authorisation allows property owners to take a building designed for one purpose and legally transform it so it’s suitable for another.

This comprehensive guide helps UK developers navigate the process of acquiring change of use planning consent for a property. Established in 2006, Rodić Davidson has provided guidance and advice on change of use for around two decades. Working primarily with projects in sensitive and historically significant settings, most notably London’s notoriously strict Conservation Areas, Rodić Davidson architects have a proven track record of securing Planning and Listed Building Consents.

What is change of use planning permission?

The change of use process is underpinned by the UK’s use of planning use classes. Together, these classes comprise the classification system used by the government and planning authorities to describe and define a building’s intended purpose. Designed to regulate the use of land and property, they ensure development aligns with the local area’s longer-term needs and the authority’s overarching strategic vision.

Classes are organised according to an alphanumeric system – the letter designates the higher order class and the number describes the type of property within that class. For instance, Class C contains various types of residential buildings. C1 refers to hotels, while C3 signifies traditional dwellings.

Change of use planning permission is the process by which property owners request and receive authorisation to switch the property to a different use class.

Understanding planning use classes

Currently, planning use classes are divided accordingly.

Class B

• B2 – General Industrial (e.g. manufacturing plants and food processing units)
• B8 – Storage and Distribution (e.g. logistics hubs and warehouses)

Class C

• C1 – Hotels and Hostels (e.g. hotels, boarding houses and hostels)
• C2 – Residential Institutions (e.g. nursing and care homes)
• C2a – Secure Residential Institutions (e.g. prisons and detention centres)
• C3 – Dwellinghouses (e.g. single-family houses and flats)
• C4 – Houses in Multiple Occupation (HMOs) (i.e. small, shared houses occupied by three to six unrelated individuals – NB, this upper limit may vary in Wales, Scotland and Northern Ireland – check with your local authority.)

Class E

• E(a) to E(g) – Commercial, Business and Service buildings (separated into multiple subcategories that cover most retail and commercial uses)

Class F

• F1 – Learning and non-residential institutions (e.g. schools, galleries and museums)
• F2 – Local community (e.g. community halls, sports facilities and some local shops)

It is important to note that significant changes to use classes were made in 2020 via the Town and Country Planning Act Amendment Regulations 2020. These changes collapsed several classes (namely the old A class and the B1(a), B1(b), B1(c), D1 and D2 classes) into the system detailed above. Many, but not all, of those use classes were absorbed by the current Class E.

When is change of use planning permission required in the UK?

Planning permission is a legal requirement when developing land and property. The Town and County Planning Act 1990 (Section 55) defines development as ‘the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.’

As a change of use generally meets these criteria, planning permission is required for most projects in which the developer is switching a property from one class to another. Failure to acquire planning permission can result in enforcement action. This may involve reverting the property to its original state, resulting in significant project delays and the loss of permitted development rights.

However, there are occasions when change of use planning consent is not required. The three most important exemptions are:

1. When the proposed changes do not meet the definition of “development” detailed earlier in the guide.
2. When the proposed changes meet the conditions of a “permitted development”.
3. When the proposed changes mean the property will stay within the same use class, as defined by the Town and Country Planning Act Amendment Regulations 2020.

Regarding Point Two, a permitted development meets the conditions outlined in the General Development Plan Order (GDPO) 2015. This statutory instrument grants automatic planning permission for certain types of development, eliminating the need to apply to the local planning authority. With change of use permitted developments, there are a significant number of conditions and limitations to consider, so expert guidance is recommended.

You can read more about change of us permitted developments and the complex, technical aspects of how they work in a dedicated guide we created specifically for the topic.

Read the guide.

Potential enforcement action

If developers undertake work on a property without acquiring the required permissions, authorities can respond in several ways.

When it comes to enforcement action, an authority’s most common first response is to issue an enforcement notice. This notice requires the developer to undo unauthorised changes and return the property to its original state. If the developer fails to do so, it may be subject to financial penalties and punitive legal measures. The authority may also refuse the developer future planning permissions, preventing it from taking further action and holding up the project. Finally, the unauthorised development may also result in the loss of permitted development rights that would otherwise be available to the developer.

Developers may also encounter complications unrelated to direct enforcement actions by planning authorities. For instance, properties with unauthorised developments may prove challenging to sell or finance, as the lack of planning permission poses a significant risk to buyers and investors and will likely undermine the property’s value.

Alterations that do not require change of use permission

In some instances, minor modifications to a building do not require planning permission. These are typically internal renovations and small extensions that are either too small to require planning permission or fall under the permitted development category.

They include changes such as renovating a property’s interior, altering the layout, and removing non-load-bearing walls, or installing specific types of equipment, typically air conditioning systems, ventilation solutions, and other similar technologies. Similarly, making changes to signage or adding small extensions to commercial properties does not always require permission – although this will depend heavily on location. Even minor signage may require consent in sensitive locations.

All of the cases listed above are subject to specific guidelines, and navigating those regulations requires a strong understanding of the relevant requirements. For instance, small-scale extensions are limited in size, while changes to signage must also comply with specific design guidelines.

Once permission has been granted

Once change of use planning permission is granted, developers must be aware of several essential pieces of information. First and foremost, permission is generally valid from the date specified on the decision notice. Work cannot commence before that date. It’s worth noting that some permissions might even require pre-commencement conditions to be take care of before any physical work begins.

The decision notice will also include a date by which the development must start. This prevents developers from applying for and receiving planning permission, then sitting on the property for an extended period, and subsequently developing it, even though the circumstances under which the original permission was granted may have changed significantly.

It is also essential to recognise that permission can be granted on certain conditions. In these instances, the permission and development are only authorised if the developer meets all conditions. Finally, developers should also be aware that there is a short window (six weeks) after approval during which permission can be challenged through judicial review.

In the event permission is refused

If planning permission is refused, developers have several potential options. Initially, developers will need to review the reasons for refusal. In some cases, the refusal may be attributable to a relatively minor issue that is easily rectified. In others, more substantial changes to the application will be necessary.

For more information, developers can contact the relevant planning authority to discuss the application and gain a better understanding of why permission was refused. It is also good practice to seek advice and guidance from legal representatives. The primary purpose of these discussions is to determine whether the planning permission application can be modified to achieve the developer’s initial project goals or if the goals themselves need to be adapted.

Based on the information gathered in these preliminary stages, developers can then decide whether to appeal the decision or submit a modified application. Appeals are often preferred when the developer considers the decision unjust or misinformed, or there were inconsistencies in the decision-making process. Appeals are managed by the Planning Inspectorate – an independent body.

Revised applications are regularly the quicker and more efficient option, particularly if the initial refusal was based on issues that are relatively easy to overcome. Modified applications should directly address the reasons for refusal, providing a detailed account of the developer’s remedial response.

Whether submitting a revised application or appealing a refusal, we recommend seeking expert guidance and assistance to maximise the likelihood of success. At Rodić Davidson, we have extensive experience working with developers and planning authorities on planning permission modifications and appeals. With a comprehensive understanding of complex planning regulations and established relationships with decision-making organisations and institutions in some of London’s most strictly regulated areas, we streamline and simplify the process of securing necessary permissions.

Understanding the local context

While many elements of change of use planning permission are universal and apply across the whole of the UK, local context is also of crucial importance. Guidelines between areas vary, and navigating these differences, as well as the diverse organisations that manage and enforce them, can be challenging. These local guidelines also change and evolve in response to government priorities, pressures, and concerns.

The borough of Westminster’s attempt to manage the loss of office space is an excellent example of how guidelines can shift in response to local pressures. Historically, Rodić Davidson was involved in numerous projects where clients wanted to convert offices (the old B1 Use Class) into residential houses and apartments (C3) and required assistance with change of use applications. However, concerned by the loss of office space, Westminster City Council announced a shift in policy, preventing this particular change of use, ‘except where a developer can demonstrate that the benefits of the proposal taken as a whole outweigh the loss of office floor space.’

The case above illustrates how rapidly and significantly local guidelines can change. It also underlines the importance of working with experts like Rodić Davidson, who regularly engage with these planning environments and can provide relevant, up-to-the-minute advice and guidance.

The special case of Listed Buildings

Listed Buildings are constructions considered to be of special architectural or historic interest. As a result, they must be preserved and are afforded certain legal protections. Regarding planning, this is enforced mainly through a more rigorous permission process that requires considerably more input from developers. Authorities protect Listed Buildings in several other ways, too.

For instance, Listed Buildings are exempt from the Four and Ten-Year rules. These rules impose a time limit on planning enforcement action, preventing authorities from taking action against an owner or developer for unauthorised changes once those time limits have passed. By exempting Listed Buildings from these rules, authorities ensure enforcement action can be taken to protect those properties regardless of when the unauthorised development took place.

Just as importantly, authorities are much more likely to take enforcement action against a project that alters a Listed Building, as that action could prove damaging to the building, the community, or the country’s cultural and architectural heritage.

Change of use planning permission with Rodić Davidson

On the surface, change of use planning consent appears relatively straightforward. However, negotiating complex legislation, accounting for regional discrepancies, and protecting historical and architectural legacies all depend on specialist knowledge and a close, comprehensive understanding of what authorities are looking for.

Rodić Davidson architects are specialists in streamlining the process and ensuring your project has the best possible chance of meeting requirements and being approved. Having worked closely with crucial local organisations in and around London, we are adept at securing planning consents and benefit from unparalleled insight into the considerations that will influence the final decision. It also means we have invested heavily in building the relationships needed to secure consent in these challenging environments.

If you’re looking for assistance securing change of use planning permission for your next project, we would be delighted to discuss how Rodić Davidson can help. Our experienced team is always on hand and ready to talk through your unique project needs.

Contact our team.