Change of use planning permission
What counts as development
Planning permission is required for development. Development includes building operations and material changes of use.1 A material change of use is one that changes the character of how the land or building is used in planning terms.
Not all changes are material. Opening a bookshop instead of a clothes shop is not material because both are retail (Class E). Opening a takeaway instead of a cafe is material because a takeaway is sui generis (outside the use classes system).
Understanding use classes
The Use Classes Order groups similar uses together. Changes within the same use class do not need planning permission because they are not considered material changes.2
The main use classes are:
- Class E: Commercial, business and service (shops, offices, gyms, cafes, medical centres)
- Class C3: Dwellinghouses (single household homes)
- Class C4: Small houses in multiple occupation (3-6 unrelated residents)
- Class B2: General industrial
- Class B8: Storage and distribution
- Class F1: Learning and non-residential institutions
- Class F2: Local community uses
Changes between different use classes are material and require planning permission unless permitted development applies.
Permitted changes of use
Some changes between use classes are permitted development, meaning you do not need full planning permission.3 Many permitted changes require prior approval, which is a lighter-touch assessment of specific impacts (transport, contamination, flooding, etc).
Common permitted changes include:
- Class E to C3: Converting commercial premises to residential, subject to prior approval (must apply before work starts)
- C3 to C4: Single household to small HMO (unless restricted by Article 4 direction)
- Agricultural to C3: Converting agricultural buildings to residential, subject to prior approval and strict criteria
- B2/B8 to Class E: Industrial or warehouse to commercial, within specified floorspace limits
Permitted development rights are subject to conditions, limitations, and exclusions. Check the General Permitted Development Order for current rules. Prior approval is not automatic and can be refused if the proposal causes unacceptable impacts.
When planning permission is required
You need planning permission for:
- Changes to or from sui generis uses (takeaways, car showrooms, launderettes, betting shops, payday loan shops, scrapyards)
- Changes not covered by permitted development
- Intensification of use within the same class that creates material impacts (e.g., a small shop becoming a busy supermarket with delivery vehicles)
- Changes in areas where Article 4 directions remove permitted development rights
If you are unsure whether a change is material or permitted, submit a pre-application enquiry to your council or apply for a lawful development certificate for a binding determination.
How to apply for change of use
Change of use applications are submitted through the Planning Portal. You typically need:
- Location plan and site plan
- Existing and proposed floor plans (if internal layout changes)
- Planning statement explaining the proposed use
- Supporting evidence (transport statement, noise assessment, etc) if required
The planning fee depends on floorspace and type of change. Decision time is 8 weeks for most applications. See our planning permission costs guide for current fees.
Prior approval for permitted changes
Prior approval applications are faster and cheaper than full planning permission. You submit details of the proposed change and the council assesses specific matters (not the principle of development).
For Class E to C3 conversions, the council considers:
- Transport and highways impacts
- Contamination risks
- Flooding risks
- Noise from commercial premises
- Provision of adequate natural light
The council must decide within 56 days. If they fail to decide in time, prior approval is deemed granted. Prior approval is not transferable. If you sell the property, the new owner must apply again.
Enforcement and retrospective permission
If you change use without permission, the council can serve an enforcement notice requiring you to stop the unauthorised use.
You can apply for retrospective planning permission to regularise unauthorised changes. The council assesses retrospective applications the same way as applications submitted before the change. There is no guarantee of approval.
If the unauthorised use has continued for more than 10 years, it may be immune from enforcement. You can apply for a certificate of lawfulness to confirm the use is lawful.
Related guides
Sources
- The Town and Country Planning Act 1990, Section 55. Definition of development.
- The Town and Country Planning (Use Classes) Order 1987 (as amended).
- The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 3.