Class MA permitted development: a practical guide to commercial to residential in England

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What is Class MA permitted development?

Permitted development rights let certain changes happen without a full planning application, because the principle has already been granted nationally. Class MA covers the change of use from Class E to C3 dwellinghouses. Class E itself, introduced in 2020, groups together uses such as shops, financial and professional services, cafés and restaurants, offices, light industrial uses, gyms and some health and nursery uses.

Class MA is not automatic. You must apply to the local planning authority for prior approval on a defined list of matters, and the council can refuse if those matters are not satisfied. But it cannot refuse on the principle of residential use itself, which is the main advantage over a full application.

Which buildings qualify, and what changed in March 2024?

The core qualifying condition is use history: the building must have been in Class E use for a continuous period of at least 2 years before the prior approval application is made. Evidence such as leases, business rates records and utility bills helps prove this, and gaps or unauthorised uses can cause problems.

Amendments in force from 5 March 2024 widened the right:

Condition	Before 5 March 2024	From 5 March 2024
Vacancy	Building had to be vacant for at least 3 continuous months before applying	Vacancy requirement removed
Floorspace	Limited to 1,500 square metres of floorspace changing use	Floorspace cap removed
Class E use history	At least 2 continuous years	Still at least 2 continuous years

The practical effect is that larger buildings, and buildings that are still let, can now be considered. Larger schemes still face full scrutiny under prior approval, and other conditions continue to apply.

Where does the Class MA right not apply?

Class MA permitted development is excluded or restricted in several situations. In outline:

• Listed buildings and land within their curtilage are excluded.
• Some protected areas are excluded, such as National Parks and Areas of Outstanding Natural Beauty (now known as National Landscapes), along with certain other designations.
• Conservation areas are not excluded outright, but the council can consider the impact of losing ground-floor uses on the area's character.
• Article 4 directions: a council can remove the right in a defined area, so a full planning application would be needed instead.

Check the council's Article 4 directions and the site's designations before you buy. A planning consultant can confirm the position quickly, and it is far cheaper than discovering a restriction after completion.

What does the council assess under prior approval?

Prior approval is limited to specific matters. The council cannot consider anything outside them, but it can refuse if the evidence on any of them is inadequate.

Prior approval matter	What you typically need to show
Transport impacts	Safe access, parking and highway effects
Contamination	Contamination risks on the site and how they are addressed
Flooding	Flood risk, with an assessment where the site is in a flood zone
Noise	Impact of noise from commercial premises on future residents
Natural light	Adequate natural light to all habitable rooms
Fire safety	Fire safety impacts, where the building falls within the relevant rules
Loss of certain uses	For example, the impact of losing health centre or registered nursery provision
Conservation areas	Impact of losing ground-floor commercial use on the area

Weak noise or light evidence is a common reason for refusal, particularly in mixed commercial streets and deep-plan buildings.

Space standards, natural light and building works

Homes created through permitted development must meet the nationally described space standard, so very small units will not qualify. Every habitable room also needs adequate natural light, which can be difficult in deep office floorplates or ground-floor retail with limited windows.

Class MA covers the change of use, not building works. External alterations, such as new windows, extra storeys or significant changes to the façade, may need separate planning permission. All conversions must also comply with building regulations, covering fire safety, insulation, sound and ventilation.

Plan the layout early with an architect so that units meet the standards. Our guide to light vs heavy refurbishment explains how lenders view the works that follow.

How long does Class MA prior approval take?

1. Pre-purchase checks: designations, Article 4, use history and a feasibility layout.
2. Reports: noise, flood, transport, contamination and light assessments as needed.
3. Application: submitted to the local planning authority with plans and the fee.
4. Determination: the council has a statutory period to decide, 56 days at the time of writing, and the outcome is approval, approval with conditions, or refusal.
5. Building regulations and works: once approved, detailed design, building control and construction follow.

Prior approval also comes with a time limit for completing the change of use, so the works programme matters. Because periods, fees and conditions can change, confirm current timescales with your planning consultant before you set a finance term.

Class MA or full planning permission?

	Class MA prior approval	Full planning permission
Principle of residential use	Granted nationally	Assessed by the council
Scope of assessment	Limited list of matters	Full range of planning policy
External works and extensions	Not included	Can be included
Affordable housing and contributions	Generally narrower	Can be required by policy
Availability	Only where conditions are met and no Article 4	Any site, subject to policy
Certainty	Higher once the conditions are clearly met	Depends on local policy and consultation

Some schemes use both: Class MA for the change of use, with a separate planning application for external alterations. A planning consultant can advise on the right route for your building.

Risks to weigh before buying a Class MA building

• Use history gaps: if the 2-year Class E use cannot be evidenced, the right may not be available.
• Article 4 or designations removing or restricting the right.
• Refusal on prior approval matters, especially noise and natural light.
• Layout constraints: space standards and light can reduce the number of viable units.
• Existing tenants: with the vacancy rule removed you can apply while let, but you still need vacant possession to carry out the works.
• Exit values: converted flats must sell or let at the prices your appraisal assumes. Our guide to bridging exit strategies covers the evidence lenders want.

None of this is legal or planning advice. Take advice from your planning consultant and solicitor on your specific site.

How bridging finance fits a Class MA conversion

Bridging is commonly used to buy a building quickly, before or while prior approval is secured, and then to fund the conversion works.

• Before prior approval: lenders generally lend on the current commercial value, with the approval as part of the exit plan. See bridging for planning permission.
• With prior approval: a refurbishment bridge can fund purchase and works, with funding sized against current value and value on completion.
• Exit: sale of the flats, or a refinance onto longer-term investment finance.

Offices are the most common Class MA conversions, covered on our office to residential bridging finance page. For shops, pubs and other buildings, see commercial to residential conversion finance.

Unregulated commercial and investment bridging is arranged directly. Any case where the security includes a home you or an immediate family member occupies, including a flat above commercial premises, may be regulated and is introduced to a firm directly authorised by the Financial Conduct Authority. We are not directly authorised by the Financial Conduct Authority ourselves. Your property may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.