Adapting a commercial building for residential use

Permitted-Development-Rights.jpg.jpg

The rise in online shopping has impacted the traditional high street with the closure of many retail outlets. Coupled with the popularity of flexible working since the pandemic, which has reduced the demand for office space, our town and city centres have changed.

As a result, residential developments have rapidly grown in these areas often replacing commercial properties. New food, drink and leisure establishments are also on the rise, to cater for the increasing number of residents now living in our city and town centres.

Director and commercial property specialist Daniel Boulton, based in WHN Solicitor’s Blackburn office, outlines the government’s legislation behind changing the use of a commercial building to residential, to ensure they are suitable for occupancy and to protect listed buildings and Conservation Areas.

Simplifying the process to the change of use of a building

The government has sought to simplify the planning process through Permitted Development Rights. These are national grants of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application, albeit subject to conditions and limitations to control the impact of any changes and to protect local amenities.

Prior to August 1, 2021, many developers took advantage of the ability to change a building’s use from office to residential, with no maximum size to the office block or the number of dwellings that it could be converted to, without the requirement for formal planning consent.

However, from this date onwards a conversion under Permitted Development must not exceed 1,500sqm (16,146 sq ft) per building.

Permission to change a building from commercial to residential use

It isn’t all bad news for developers though. Permitted Development Class MA came into effect on August 1, 2021 and allows changes from Use Class E (which is very wide and includes retail, cafes and restaurants, financial and professional services, indoor sport and fitness, medical or health services, day nurseries, offices and light industrial) to Use Class C3 (Residential).

Adhering to the GPDO rules

Developers seeking to change the use of a commercial building as outlined in Use Class E, to provide residential accommodation, must be mindful of the rules to be followed as set out in the General Permitted Development Order (GPDO).

The key pointers to be aware of are:

1. You must apply for prior approval from the local planning authority before starting work. This is much less onerous than a full planning application. The local planning authority has the power to assess the following issues:

  • Transport and parking
  • Contamination
  • Flooding
  • Noise from nearby commercial premises
  • Where the site is located in a Conservation Area, the impact on the character and sustainability of the Conservation Area.
  • The provision of adequate natural light in all habitable rooms of the dwellinghouses.

2. The building must have been vacant for or a continuous period of at least three months immediately prior to the date of the application for prior approval.

3. The building must have been in Use Class E use for a continuous period of at least two years prior to the date of the application for prior approval.

4. As referred to above, the floorspace of the building to be converted cannot exceed 1,500 square metres (including all previous applications under Use Class MA – so if you apply first to convert the ground floor, and later the first floor, the total area converted must not exceed 1,500 square metres).

5. The building (or land on which it sits) cannot form part of a site of special scientific interest, a listed building or its curtilage, a scheduled monument or its curtilage, a safety hazard area or a military explosives area.

6. The building cannot be within an area of outstanding natural beauty (AONB), an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981, the Broads, a National Park or a World Heritage Site.

Daniel Boulton specialises in commercial property law and is highly skilled in dealing with all aspects of both residential and commercial development work. If you are a developer seeking to change the use of a vacant commercial property, and seek further advice, please contact Daniel on 01254 272640 or by email: [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Barnfield Construction transitions to an Employee-Owned Business Staff Cheer Photo.jpg.jpg

Barnfield Construction transitions to an Employee-Owned Business

24 Jan 2025

2

Wallsauce looks to grow B2B customer base with increased trade focus Martin Emmott Rosebud and Andy Gerraty Wallsauce

Wallsauce looks to grow B2B customer base with increased trade focus

24 Jan 2025

3

CBP goes into administration Community and Business Partners in Blackburn with doors shut

CBP goes into administration

23 Jan 2025

4

Plan moves forward for new £13.2m Innovation Hub Councillor Phillippa Williamson and Coun Aidy Riggott

Plan moves forward for new £13.2m Innovation Hub

22 Jan 2025

5

Record turnover as Napthens continues to grow Stephen Faulkner

Record turnover as Napthens continues to grow

22 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin