Building change of use.

First it is essential to understand Use Classes. These are divided into six sections which are:

Part B – Business which supply or support others

Use Class B2 – General Industrial

Use Class B8 – Storage and Distribution

Part C – Locations where people sleep

Use Class C1 – Hotels

Use Class C2 – Residential Institutions

Use Class C2A – Secure residential institutions

Use Class C3 – Dwelling houses

Use Class C4 – HMOs

Use Class C5 – Short Term Holiday Lets (proposed)

Use Class E – Commercial, Business and Service

Use Class E – Various uses from shops, offices, restaurants, light industrial and much more

Use Class F1 – Learning and non-residential institutions

Use class F1 – Schools, galleries, museums and more

Use Class F2 – Local community uses

Use Class F2 – Local Community uses

Sui Generis (Unique, one of a kind) – for those locations which are unique in themselves!

What happens if a building has two uses?

Where a property is in two use classes – then it will be classed as sui generis.

However, quite often it does not actually have two use classes – if a museum has an office attached then the office is ‘ancillary’ to the museum. The museum is the element that keeps the organisation going, without that the office is pointless. Therefore the office is Use Class F1 along with the museum. The Office is not in Use Class E.

Where there really are two uses then the building will be sui generis. However, also be careful in case the building is actually two separate planning units. If they are not linked then they would each retain their own planning Use Class.

The one exception is a building with Class E, sub-paragraph (g)  & B2 use as long as the section allocated to B2 is not substantially increased.

To change a mixed-use building to residential use:

you must first determine the property's current Use Class and consult your local authority to see if a Prior Approval application or full planning permission is needed. Buildings in the former Class E (which included shops, offices, and some leisure uses) can often be converted under permitted development rights, but this process requires prior approval and depends on the specific property, its location, and the size of the conversion. For other use classes, or if there are issues like flood risk or conservation concerns, full planning permission will likely be required. 

1. Check the Building's Current Use Class 

Identify the Use Class: Determine the specific use of the building or part of it that you want to convert. 

Look for Permitted Development Rights: Check if the building falls under a Use Class that allows for change to residential (Class C3) under permitted development rights. Class E (Commercial, Business, and Service) is often eligible for this, but you must check with your council, as the rules have changed. 

2. Consult Your Local Planning Authority

Confirm Requirements: Always contact your local council's planning department to verify whether you need to apply for full planning permission or for "Prior Approval" under permitted development rights. 

Discuss the Project: Discuss your plans with them to understand the specific requirements for the conversion. 

3. Gather Information for a Prior Approval Application 

Eligibility Criteria: The property must meet specific criteria, such as being vacant for three months and used commercially for at least two years. 

Application Details: You will need to submit an application that includes site plans, drawings, and other relevant documents. 

4. Address Potential Refusal Grounds

Flood Risk: The council can refuse prior approval if the building is at risk of flooding. 

Noise Impact: The presence of any commercial activity that could impact residential amenity can be a concern. 

Conservation Areas: If the property is in a conservation area or is a listed building, the conversion may require a full planning application. 

Loss of Services: The conversion of certain essential services may be restricted. 

5. Submit and Process the Application

Submit Documents: Submit your completed application, including drawings and relevant statements, to the council. 

Wait for Decision: The council will review the application and may request revisions to your proposal. 

Key Considerations

Scale: Ensure the conversion does not exceed the permitted floor space for changes under permitted development rights. 

Design and Appearance: The design and external appearance of the proposed conversion are important factors that the council can assess. 

Highway Safety & Contamination: These are other grounds on which a proposal can be refused

To change a mixed-use building to a shop:

you must determine if planning permission is needed by contacting your local planning authority, who will also advise on building regulations. You must also ensure any changes comply with current health and safety regulations and potentially apply for a certificate of lawfulness for existing use if the change has already occurred. 

1. Determine if a change of use is required 

Check Use Classes: Buildings and land are assigned different "Use Classes" under the planning system. 

Contact Your Local Authority: The first step is to contact your local planning authority to determine if your specific building conversion requires planning permission or if it qualifies for permitted development rights. 

2. Obtain Planning Permission (if required) 

Material Change of Use: If your proposed change constitutes a "material change of use" of the building, you will likely need to apply for planning permission. 

Designated Areas: It can be difficult to gain permission for retail use in areas primarily designated for residential use. 

3. Adhere to Building Regulations 

Contact Building Control: Even if planning permission isn't required, your project may still need approval from your local authority's building control body to ensure it meets building regulations. 

Stricter Standards: Commercial settings, such as shops, have more stringent health and safety and architectural design standards than residential properties. 

4. Address Other Considerations

Fire Safety: Ensure the building has accessible fire exits and marked escape routes. 

Property Survey: Get a survey to assess the property's structural integrity and suitability for a commercial layout. 

Electrical and Plumbing: Electrical and plumbing systems may require overhauls to meet commercial standards. 

Leasehold Properties: If the property is leasehold, review the lease to understand any restrictions on changes of use or alterations. 

Consider a Certificate of Lawfulness: If you have already completed the change of use without authorization, you may be able to apply for a Certificate of Lawfulness for Existing Use, which can help regularize the situation.

If you found this article useful please check out the other articles on my blog and if you need any assistance with a planning application, etc, please get in touch.

Any feedback is always welcome.