This guide is intended to serve as a reference guide to the Town and Country Planning (Use Classes Order) 1987 that puts uses of buildings and land into categories known as ‘Use Classes’.
Use classes are an integral component and statutory instrument of the UK planning system. They control and govern the planning and development of every type of building in the UK.
We’ve updated the Town and Country Planning (General Permitted Development) (England) Order 2015 guide with the 2016, 2017, 2018 and 2020 Amendment Orders.
Use Classes Update 2020/21
In July 2020, The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020 No.757) act was introduced in July and has largely come into effect as of the 1st September 2020.
It is important to note, however, that this update is pending judicial review in October. A campaign group named Rights:Community:Action lodged a legal challenge on the new legislation that queried its statutory instruments. Indeed, the update the Town and Country Planning has been dubbed the biggest shake-up since the Second World War.
The Aims of Reform
High streets across the country had been waining economically and footfall has been declining even prior to the COVID crisis. As part of the governments’ initiative to rejuvenate, boost, and create new infrastructure, also dubbed ‘Project Speed’, changes to planning act grant enhance flexibility and are particularly focussed at town centres and inner-city areas. At its core, the aim of these amendments is to grant greater flexibility to building owners, businesses and developers. The government has recognised that many buildings are now used multi-purposefully, and that these purposes change dynamically.
Summary of Changes
Overall, this new legislation represents a simplification of the existing use classes order and subsumes differing use classes into a broad new category, Class E. Class E is supposed to represent the composition of a typical high street where shops, cafes, light industry, offices and other services come together dynamically with intermixing uses. The new amendments do also create two new categories, F1 and F2. Parts of Class A and D have been deleted.
NOTE: The new legislation is subject to a transitionary period that lasts until the 31st of July 2021. Until then, for the purpose of permitted development, both the new and old use classes order can be used. You are therefore free to make changes under permitted development in accordance with the new or older classes, and can take advantage of whichever you choose.
A) Class E – Commercial, Business and Services
Classes A1, A2, A3, B1 and some of D2 have been summed into a new class, Class E named Commercial, Business and Service. Class E is the broadest category of the new use classes order. It contains several key classes that together are seen to form the ‘standard high street’. These classes include:
- Retail and shops
- Restaurants and Cafes
- Some financial and professional services
- Offices
- Indoor sports, fitness and recreation
- Nurseries and creches
- Light industry
- Research and development facilities
- Health and medical facilities
Within Class E, buildings can be altered to other uses or a mix of uses using permitted development without obtaining planning permission. This is the core instrument of the new legislation. It is designed to make the conversion and intermixed use between the above classes as simple as possible.
B) Class F1 – Learning and Non-Residential Institutions
Class F1 now contains buildings such as museums, art galleries, libraries, public halls, religious institutions and law courts.
C) Class F2 – Local Community Uses
Includes community halls, outdoor sporting facilities, swimming pools and skating rinks as well as smaller shops below 280m² that sell mostly essential goods including food that are further than 1km from another similar shop. This is designed to target more isolated local shops under the more protected Class F2 instead of the less regulated Class E.
Other buildings under both classes A and D such as pub/drinking establishments (A4), takeaways (A5), live music venues (D2), cinemas (D2(a)), indoor concert halls (D2(b)) and bingo halls (D2(c) are now sui generis. This means no use changes to these buildings will fall under permitted development. They are essentially not subject to the same deregulation as other classes.
| Current Use | Current Use Class | New Use Class (from 1st September 2020) |
|---|---|---|
| Shops ﹤280m² selling mostly essential goods and further than 1km from another similarly purposed shop | A1 | Class F2 Local Community Uses |
| Shops | A1 | Class E Commercial, Business and Service |
| Supermarkets | ||
| Post Office | ||
| Travel Agency | ||
| Sandwich bars | ||
| Hairdressers | ||
| Funeral directors/undertakers | ||
| Retail warehouse (such as Argos) | ||
| Domestic hire shops (e.g. tool hire) | ||
| Dry cleaners | ||
| Location to receive items for cleaning or repair | ||
| Internet café | ||
| Banks and building societies | A2 | |
| Estate agents or employment agencies | ||
| Restaurants | A3 | |
| Cafés | ||
| Drinking establishments | A4 | Sui Generis In a class of their own |
| Hot food takeaway | A5 | |
| Offices | B1(a) | Class E Commercial, Business and Service |
| Research and development of products and processes | B1(b) | |
| Light industry (in residential areas) | B1(c) | |
| General Industrial | B2 | Class B2 (no change) |
| Storage and distribution | B8 | Class B8 (no change) |
| Hotels | C1 | Class C1 (no change) |
| Residential institutions | C2 | Class C2 (no change) |
| Secure residential institutions | C2A | Class C2A (no change) |
| Houses and flats | C3 | Class C3 (no change) |
| HMOs (between 3 & 6 residents) | C4 | Class C4 (no change) |
| Doctors, clinics & health centres, acupuncture clinic etc. (except where linked to the residence of the practitioner) | D1 | Class E Commercial, Business and Service |
| Crèche, day nursery or day centre | ||
| Schools | D1 | Class F1 Learning and Non-Residential Institutions |
| Galleries | ||
| Museums | ||
| Libraries | ||
| Public Halls (except local) | ||
| Churches etc. | ||
| Cinemas | D2 | Sui Generis In a class of their own |
| Music and concert halls | ||
| Bingo halls | ||
| Dance halls (not nightclubs) | ||
| Gymnasiums | D2 | Class E Commercial, Business and Service |
| Indoor sports and recreation (except where motorsports or firearms are used) | ||
| Halls or meeting place for principle use of the local community | D2 | Class F2 Local Community Uses |
| Swimming pools | ||
| Skating rinks | ||
| Outdoor sports and recreation (except where motorsports or firearms are used) | ||
| Theatres, betting shops, funfairs, large houses in multiple occupation (seven or more), ‘Alkali work’, hostels, scrap yards, yard for the storage/distribution of minerals and raw materials, payday loan shops, scrap and breakage yards, fuel stations, car/vehicle shops, retail warehouses, nightclubs, launderettes, police stations, taxi companies, car hire locations, amusement arcades and centres, casinos, tattoo parlours, massage parlour, landfill sites, beauticians, sport arenas, firearm ranges |
Sui Generis | Sui Generis (no change) |
Do I need Planning Permission for Change of Use?
Simply put, you do not need planning permission for change of use if it falls under these categories:
- The change of use is under the Permitted Development Rights.
- The change of use is within the same use class.
- There will only be interior alterations.
- The development does not change the exterior appearance of the place.
On the other hand, there are also specific developments that the legislation requires to have planning permission. These include:
- Structural modification, construction, rebuilding and demolition.
- Material change of use.
- Engineering operations.
- Mining operations.
- Builder operations.
- Subdivision of houses turning it into two to three houses.
How long does it take to receive planning permission for change of use?
A planning application could take up to 8 weeks to be processed, however, more complex or larger applications can take longer.
To receive a more accurate timeframe for your planning permission, we recommend that you speak with either your local planning adviser or local authority planning offer.
Permitted Change of Use Classes – *Subject to Change*
NOTE: The above changes, provided no further amendments are made following the legal challenge in October, are subject to a transitionary period. This will run until the 31st of July, 2021. Until then, developers and building owners will be able to use either the new or old use classes order to make changes to buildings and their uses. This means either the new or older legislation can be taken advantage of.
Below you will find all the Permitted Changes of Use for all building within England and Wales (amended).
This can help in understanding whether or not it’s necessary for you to actively seek out planning permission.
| Use Class | Use / Description | Permitted Change |
|---|---|---|
| A1 Shops |
Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, dry cleaners, etc Pet shops, cats-meat shops, tripe shops, sandwich bars Showrooms, domestic hire shops, funeral directors. |
A1 or A2 & up to 2 flats.
Temporary (up to 2 years) to A2, A3 or B1 (interchangeable with notification). |
| A2 Financial and Professional Services |
Banks, building societies, estate and employment agencies. Professional and financial services, betting offices. |
A1 where there is a display window at ground floor level.Permitted change to or from a mixed-use for any purpose within A2 and up to 2 flats.
To A1 and up to 2 flats, where there is a display window at ground floor level.Temporary (2 years) to A1, A3 or B1.C3*; A3*; D2*. |
| A3 Food and Drink |
Restaurants, pubs, snack bars, cafés, wine bars, shops for sale of hot food. |
C1 or C2. |
| A4 Drinking Establishments |
Wine bars, public houses or other drinking establishments (excluding night clubs). | A3. |
| A5 Hot Food Takeaways |
Properties that sell hot food for consumption off of the premises. | A1, A2 or A3. |
| B1 Business |
Offices, not within A2. Research and development studios, laboratories, high tech light industry |
B8. Ba(a) to C3*.Temporary (2 years) to A1, A3 or A3.State-funded school or nursery*;B1(c) to C3*. (Built/Created between 1 October 2017 – 30th September 2020). |
| B2 General Industrial |
Used for industrial processes other than properties falling within class B1
(excluding incineration |
B1 and B8. |
| B8 Storage and distribution |
Wholesale warehouse, distribution centres, repositories. | B1 where no more than 235 sqm
C3* (until 15 April 2018). |
| C1 Hotels |
Hotels, boarding and guest houses. | A state-funded nursery or school. |
| C2 Residential Institutions |
Residential schools and colleges. Hospitals and convalescent/nursing homes. |
A state-funded nursery or school. |
| C3 Dwelling Houses |
Use as a dwellinghouse (whether or not as the main residence) by:
A single person or by people to be regarded Fewer than six residents living together Not more than six residents living together |
C4. |
| C4 Small houses in multiple occupation |
These are small shared houses that are occupied by between three and six unrelated individuals, as their primary place of residence. | C3. |
| D1
Nonresidential |
Clinics, health centres, crèches, day nurseries, consulting rooms.Museums, public halls, libraries, art galleries, exhibition halls.Non-residential education and training centres. |
Temporary (up to 2 years) to A1, A2, A3 or B1. |
| D2
Assembly |
Cinemas, music and concert halls.
Dance, sports halls, swimming baths, skating rinks, Other indoor and outdoor sports and leisure uses, bingo |
State-funded nursery or school*. |
| Sui Generis |
Theatres | No permitted change |
| Sui Generis | Shops selling and/or displaying motor vehicles.
Launderettes, taxi or vehicle hire businesses, petrol filling stations. |
Permitted change to A1, No permitted change |
| Sui Generis |
Any work registrable under the Alkali, etc. Works Regulation Act, 1906 |
No permitted change |
| Sui Generis |
Hostel, Casinos, amusement centres | No permitted changesCasinos to A3 (subject to approval) Casinos to D2.Amusement centre or Casino to C3 |
| Agricultural Buildings | Buildings solely in agricultural use since 3rd July 2012. | Flexible A1, A2, A3, B1, B8, C1 or D2 up to a limit of 500 sqm in perpetuity creating a sui generis use. C3. D1 (state-funded school or registered nursery only. |
Certificate of Lawful Use
If your property can demonstrate that it’s been in residential use for four years, it might be possible to gain a Certificate of Lawful use, which will allow the property to effectively have planning permission for that use.
The same is available for commercial properties, however, the period of time required is ten years.
Notes On The Use Classes Order Act
- Changes of use within a specific class do not require planning permission provided that the use
subsists; the planning permission has been implemented, and no restrictive condition is attached to
the consent - The permitted development rights shown in the final column do not require planning permission where
all criteria set out in the Order are met and no restrictive conditions apply - The General Development (Amendment) Order 1995 provides for the permitted change of use of a
building from Class A1 or Class A2 to a mixed-use for the purposes of either Class A1 or Class A2 and
as a single flat, and from such a mixed-use to Class A1 or Class A2 use provided the Class A1 or Class
A2 use is situated on a floor below the single flat and various other conditions are met. - Sui Generis is a term which refers to use on its own. Any planning use not falling within a specific
class within the Classes Order falls within this category. - A B1 use must be capable of being undertaken “in any residential area without detriment to the
amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit”. - The Use Classes (Amendment) Order 1995 amends the 1987 Order by omitting Classes B4 – B7
(special industrial groups B – E). Industrial processes previously within these classes now fall within
Class B2 (general industrial). - A C1 use is defined as a hotel or a boarding or guest house where, in each case, no significant
element of care is provided. - Six or fewer residents unless living together as a family.
- It should be noted that permitted changes of use identified above are ratchet changes, i.e. cannot be
made in reverse. - Various other permitted development rights exist for, inter alia, industrial and warehouse buildings,
dwelling houses, agricultural buildings, schools, colleges, universities, hospitals and development by
statutory undertakers. - The above is intended as a general guide only. Reference must be made in the final instance to the
Town and Country Planning Act 1990 as amended, the Use Classes Order 1987 as amended, and the
General Development Order 1988 as amended.