Permitted Development Rights for Commercial Landlords
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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Permitted development rights let you make certain changes without a full planning application, though often subject to prior approval. For commercial landlords the big one is converting commercial space to homes.
Commercial to residential
The main right, sometimes called Class MA, allows the change of use from commercial (Class E) to residential, subject to conditions and a prior approval process rather than a full application. There are limits, for example on floorspace and on whether the building qualifies, and the local authority checks specified matters such as flooding, contamination, noise and the impact of losing the commercial use.
Other permitted changes
Permitted development can also cover certain changes within or between uses and some building works, and these rights are periodically amended, so what is permitted can change. Article 4 directions can remove permitted development rights in particular areas, so local restrictions may apply.
Prior approval is not automatic
Prior approval means you must apply to the council, which considers the specified matters and can refuse. It is quicker and more limited than a full application, but it is not a rubber stamp, and conditions can be attached.
Check before you rely on it
Permitted development rights are detailed, change over time, and can be restricted locally. Confirm the current position with the local planning authority or a planning consultant before you commit to a conversion. See change of use.
Can I convert commercial space to residential without full planning?
Often, under permitted development (Class MA), subject to a prior approval process and conditions such as floorspace limits.
Is prior approval automatic?
No. The council considers specified matters such as flooding, noise and the loss of commercial use, and can refuse.