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Class MA is an England-only permitted development right for changing a qualifying Use Class E building to homes in Use Class C3. It can avoid a full planning application for the change of use, but it is not automatic: the building must pass the eligibility tests, and the developer must obtain prior approval before starting the residential conversion. Since 5 March 2024, there has been no Class MA floorspace cap and no requirement for the building to be vacant. The two-year lawful-use test, designated-site exclusions, prior-approval matters and strict limits on building works still determine whether a scheme can proceed.
What does Class MA permit?
Class MA is in Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, commonly called the GPDO. It permits a change of use of a building, and land within its curtilage, from Use Class E (commercial, business and service) to Use Class C3 (dwellinghouses), subject to the class’s limitations and conditions.
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That makes Class MA a permitted development right, not a blanket exemption from planning control. A developer must apply to the local planning authority for a prior-approval determination before the change of use begins. If the right does not apply to the site, or the scheme fails a relevant requirement, the alternative is generally a full planning application.
The right applies in England. The available data identifies no equivalent Class MA right in Wales and says the position in Scotland should be checked against any later national instrument; it does not establish that a Scottish equivalent is in force. Do not assume that the English route applies across the UK.
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Class MA was inserted in 2021, with applications permitted from 1 August that year. It succeeded the former Class O office-to-residential route, whose application deadline was 31 July 2021. Class M is a separate, narrower right for certain sui generis uses, including hot-food takeaways; it is not the Class E-to-C3 route.
Does a building still need to be empty, or smaller than 1,500 square metres?
No. Both the three-month vacancy requirement and the 1,500-square-metre cumulative floorspace cap were removed from 5 March 2024. The current qualifying-use test is two years, not a size or vacancy test.
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Those changes did not remove the two-year use test. Nor did they make every part of a mixed-use building eligible: uses and planning histories can vary between parts of the same building, so the relevant floor area and lawful use need to be established for the part proposed for conversion.
What is the two-year lawful-use test?
For at least two continuous years immediately before the prior-approval application, the building must have been lawfully used in one or more qualifying classes. This is a rolling test measured back from the application date, not simply a check of the property’s current appearance or business activity.
Qualifying use can be established through use in Class E on or after 1 September 2020. Earlier qualifying periods can count where the use fell into one or more of the former classes listed in Class MA: A1 (shops), A2 (financial and professional services), A3 (food and drink), B1 (business), D1(a) (medical or health services), D1(b) (crèches, day nurseries and day centres), or D2(e) (assembly and leisure, excluding indoor swimming pools and skating rinks). The relevant evidence should show a continuous qualifying period, even if the property’s use changed between qualifying classes.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallLawfulness matters. Article 3(5) of the GPDO says the permitted development rights do not apply where the existing use is unlawful, or where the building operations that constructed the building were unlawful. A use carried on in breach of planning control does not build a qualifying two-year period. Review planning records and permissions alongside business records, leases and rates evidence; a present-day Class E label alone is not enough.
Class E is broad, covering uses such as shops, cafés and restaurants, offices, research and development, light industrial activity, clinics and health services, childcare, and many indoor sports uses. It does not include hot-food takeaways. If the existing use is a takeaway or another sui generis use, assess the appropriate separate route rather than treating it as Class MA.
Which sites are excluded from Class MA?
Class MA is unavailable on specified land and in specified designated areas, even where the use and two-year history appear to qualify. Check the site itself and its curtilage against the exclusions in the current GPDO text.
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- Land that is or forms part of a Site of Special Scientific Interest.
- A listed building or land within its curtilage; a scheduled monument or land within its curtilage.
- A safety hazard area or military explosives storage area.
- A building within an area of outstanding natural beauty (also called a National Landscape), the Broads, a National Park or a World Heritage Site.
- An area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981.
Listed buildings are therefore excluded from Class MA; this is not merely an issue to be weighed during prior approval. A full planning application may still be possible, subject to the relevant heritage controls and merits.
Conservation areas are different: they are not a blanket exclusion from Class MA. If the building is in a conservation area and the proposal changes the use of all or part of the ground floor, the authority must consider the effect on the conservation area’s character or sustainability as a prior-approval matter. A proposal affecting upper floors alone does not trigger that particular test.
A building occupied under an agricultural tenancy cannot use the right unless both the landlord and tenant have given express consent. Also check for an Article 4 direction. A local authority can withdraw permitted development rights in a defined area, and the relevant direction must be checked for the specific property; a neighbouring property’s position does not establish whether the subject site is covered. A transitional restriction that applied only before 1 August 2022 is no longer a live eligibility test.
Can an old planning condition block a Class MA conversion?
Yes. A use that looks like Class E may still be restricted by a condition on the permission that authorised it. Article 3(4) of the GPDO says the order does not permit development contrary to certain planning-permission conditions.
Read the original permission and every relevant condition, variation and later approval. Check which part of the building each permission covers. A condition that positively restricts a unit to retail use, for example, may prevent a permitted change to homes unless the restriction is separately resolved.
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A November 2026 Leatherhead appeal illustrates the point. An inspector dismissed a proposal to change part of an office building’s ground floor to five flats because a 1983 permission required the shopping areas to remain in retail use unless the planning authority gave prior written approval. The eligibility issue prevented the inspector from reaching the prior-approval merits. The reported decision is discussed by Planning Geek’s account of the Leatherhead appeal. Treat the underlying permission and decision, not the current business label, as central to this check.
What does the council assess at prior approval?
The authority’s prior-approval remit is a defined list of matters, not a general reconsideration of whether the area needs housing or whether the overall design is desirable. It can also refuse where the proposal fails the class’s conditions, limitations or restrictions, or where the applicant has not supplied enough information to establish compliance.
- Transport: impacts, particularly safe site access. The procedure provides for relevant highway consultation and, in specified circumstances, consultation with the railway operator or Secretary of State for Transport where the authority considers traffic effects material.
- Contamination and flooding: risks in relation to the building. For flooding, the Environment Agency must be consulted in the specified Flood Zone 2 and 3 cases, and in relevant Flood Zone 1 areas with critical drainage problems.
- Noise: impacts from commercial premises on intended residents.
- Conservation area: where the building is in a conservation area and the ground floor, wholly or partly, changes use, the effect on character or sustainability.
- Natural light: whether every habitable room in the proposed homes receives adequate natural light.
- Industrial-area impacts: the effect on intended residents of introducing homes into an area the authority considers important for general or heavy industry, waste management, storage and distribution, or a mix of those uses.
- Loss of a service: where the scheme involves the loss of a registered nursery or health centre, its effect on local provision of that service.
- Fire safety for taller buildings: the 2026 practitioner guidance treats this as applicable where the building will be at least 18 metres high or contain seven or more storeys. A fire statement is expected, and the authority consults on fire-safety impacts. Guidance dated October 2026 identifies the Building Safety Regulator as the current consultee; older references to the Health and Safety Executive may reflect the earlier institutional arrangement.
The governing procedure is in Part 3 of Schedule 2 to the GPDO. The authority must publicise the application by displaying a site notice for at least 21 days or serving notice on adjoining owners or occupiers; where only part of a building is involved, notice also goes to owners or occupiers of the other parts. Transport and flooding consultees must have at least 21 days to respond. The authority may require assessments, mitigation statements and details of proposed building or other operations.
What natural-light and space rules must the homes meet?
These are hard constraints, not factors a council can simply balance against a scheme’s advantages. The authority must refuse prior approval if adequate natural light is not provided in all habitable rooms. Separately, the GPDO does not grant permission for a new dwellinghouse with less than 37 square metres of gross internal floor area or one that fails the nationally described space standard.
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The standard is the 2015 nationally described space standard, read with its notes dated 19 May 2016. For one-storey homes, the cited figures include:
| Home type | Minimum gross internal floor area |
|---|---|
| One-bedroom, one-person, with a shower room instead of a bathroom | 37 m² |
| One-bedroom, one-person, with a bathroom | 39 m² |
| One-bedroom, two-person | 50 m² |
| Two-bedroom, three-person | 61 m² |
The 37 m² figure is also the absolute floor below which the GPDO grants no permission for a new home. A dwelling must satisfy both that statutory minimum and the applicable space-standard category; 37 m² does not make a larger one-bedroom, two-person home compliant. The standard also requires a minimum floor-to-ceiling height of 2.3 metres over at least 75% of the gross internal area.
Deep floorplates are a particular design risk: rooms without adequate natural light can defeat the application, and a Class MA change of use does not itself authorise the new windows or other external changes that might be needed to solve the problem. A daylight and sunlight assessment may help demonstrate the design’s performance, but the legal test remains the statutory natural-light requirement.
The space standard uses bedspaces to classify the dwelling for assessment; it does not itself imply actual occupancy. In a November 2026 Gloucester appeal, an inspector deleted a condition limiting certain flats assessed for one person to one occupier, finding it neither necessary nor reasonable. That did not relax the minimum floor area or the applicable space standard. The reported decision is covered in Planning Geek’s Gloucester appeal account.
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The authority’s decision period is 56 days, with an extension only by written agreement. The period is commonly described as running from validation of a complete application. Do not treat a submitted application, silence, or a site visit as permission to begin the residential conversion.
Start only once the written determination required by the procedure is in hand, or the statutory deemed-approval route has genuinely been satisfied. The fallback is not a cure for ineligibility: an unlawful use history, a prohibited site, a binding condition or a failure to provide adequate information does not become compliant merely because the authority did not decide in time.
Two appeals reported as dismissed on 4 November 2026 concerned schemes where residential works had begun before prior approval. The reported inspector reasoning was that approval could not be granted retrospectively once development had begun or been completed, including during an appeal. Starting the fit-out while awaiting a decision therefore risks losing the Class MA route. See the reported November 2026 appeals.
Once prior approval is granted, development must be completed within three years starting from the prior-approval date. Completion means completing the conversion, not just stripping out the old commercial fit-out or occupying the first flat in a phased project. The cited guidance describes no extension mechanism, so programme and phasing need to be planned against the deadline.
What should a Class MA application include?
Prepare enough material to establish eligibility and let the authority assess the relevant prior-approval matters. The application is made to the local planning authority, commonly through the Planning Portal. A typical submission described in the 2026 guidance includes:
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- The application form, fee and a clear description of the proposed development.
- A location plan and site plan showing the building, curtilage and relevant surroundings.
- Existing and proposed floor plans with dimensions, uses, walls, doors and window positions.
- Existing and proposed elevations, particularly where the application needs to demonstrate the existing building form and proposed arrangement.
- Supporting assessments or statements addressing the relevant risks and impacts, such as transport, flooding, contamination, noise, natural light, or conservation-area effects.
- A fire statement where the height or storey threshold for the fire-safety matter is met.
The exact supporting information depends on the site and proposal. A complete drawing set cannot make an ineligible building eligible, so check the use history, exclusions, conditions and Article 4 status before commissioning extensive design work.
What is the Class MA prior-approval fee?
The fee in force from 1 April 2026 is £260 per proposed dwelling. The MHCLG planning-fee indexation table lists that amount for a Class MA change of use. The fee table was checked in November 2026.
A further increase to £323 per dwelling was reported by one practice as proposed from 8 December 2026, subject to approval of regulations. That proposal is not the fee shown in the April 2026 indexation table; confirm the amount with the authority at the time of application rather than budgeting on a proposal as though it were already in force.
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Class MA authorises the change of use, not a general package of construction work. It does not itself permit new windows, a new entrance, cladding, balconies, roof extensions or additional storeys. Those works need separate permission or another permitted development right where one is available. The GPDO also generally withholds permission for demolition of an entire building, though its demolition provision does not treat part of a building as a “building” for that paragraph.
Some schemes therefore separate the use change from the physical works: Class MA may cover the use, while a planning application deals with alterations essential to make the homes viable. Guidance also notes that a building whose residential use derives only from Class MA cannot then use Part 20 Class AA to add storeys. Check the relevant rights and exclusions rather than assuming a later permitted development route can supply missing floorspace.
Class MA creates C3 dwellinghouses. It does not authorise a direct change to a large house in multiple occupation, which is a sui generis use and requires planning permission. A later change from C3 to a small C4 HMO may be permitted development in its own right if that separate right has not been removed by an Article 4 direction. HMO licensing is a separate housing-law requirement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What other approvals, costs and property constraints should developers check?
Planning permission under Class MA does not replace building regulations approval. Construction work must meet the applicable building requirements, and higher-risk buildings—broadly, buildings at least 18 metres or seven storeys containing two or more homes—have a Building Safety Regulator role in building control according to the cited 2026 legal guidance.
Private rights are untouched. A restrictive covenant, leasehold user restriction, lender consent requirement or occupational lease can prevent or delay work even where planning permits the change. A business tenant protected by Part II of the Landlord and Tenant Act 1954 may have a renewal right; a landlord can oppose renewal only on statutory grounds, which can include an intention to demolish or reconstruct and may involve compensation. A lease contracted out of the Act has no statutory renewal right. These are property-law issues, not planning tests.
Allow for any Community Infrastructure Levy that applies in the authority area. Habitats regulations can also constrain a permitted development, including in nutrient-neutrality catchments. One 2026 consultancy says Class MA does not trigger mandatory biodiversity net gain, while another source is more cautious on some obligations; do not assume an exemption without checking the relevant regulations and the site-specific position. Similarly, affordable housing is not normally required through Class MA according to the cited guides, but a full application can be subject to affordable-housing requirements.
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VAT treatment can materially affect acquisition and construction costs. A 2026 guide, citing HMRC VAT Notice 708, says qualifying conversion works may attract the reduced 5% rate and that the first grant of a major interest in a converted home by the converter may be zero-rated. It also warns that rents are exempt, input tax may not be recoverable where homes are retained and let, and an option to tax may affect VAT on purchase. Because the notice was not directly reviewed here and the result depends on the facts, obtain VAT advice before exchange or committing to the works.
How does Class MA compare with a full planning application?
Class MA can offer a narrower, faster route for the change of use, but it is not simply a cheaper or easier version of full planning. The key differences affect design scope, assessment, cost and programme.
| Issue | Class MA | Full planning application |
|---|---|---|
| What it can authorise | Qualifying Class E-to-C3 change of use | Can include the use change and proposed external works or extensions |
| Decision basis | Eligibility limits and the defined prior-approval matters | Development plan and other material planning considerations |
| Decision timeframe | 56-day prior-approval period; statutory fallback may apply if conditions are met | Statutory targets of 8 weeks for minor and 13 weeks for major applications |
| Fee basis cited for 2026 | £260 per proposed dwelling | £610 per home where fewer than 10 are proposed; £659 each for 10–50 homes |
| Completion or implementation | Conversion must be completed within three years of the prior-approval date | Permission must be begun within the period stated on the permission, commonly three years |
| Obligations and exclusions | Specific land exclusions apply; affordable housing is not normally required under the route | Can be considered on its merits, but obligations may apply |
Prices checked November 2026.
Fees in the table are based on the MHCLG schedule effective 1 April 2026 and were checked in November 2026. A full application may be preferable where the project needs new openings, extensions or a broader planning judgment. Class MA may suit a scheme that fits the existing building and can demonstrate compliance with every threshold. Both routes remain subject to relevant habitats controls; confirm other obligations and any exemption against current rules.
How should you check a building before committing to a conversion?
Use an eligibility-first sequence. This reduces the risk of spending on detailed design or construction planning for a scheme that cannot use Class MA.
- Establish the lawful use history. Obtain planning records and permissions, then assemble evidence such as leases, rates records and business records for the entire two-year qualifying period immediately before the intended application.
- Review conditions and planning history. Read the permission establishing the use, later variations and any conditions affecting the relevant unit or floor. Confirm that the proposed part has the necessary lawful history.
- Map the site constraints. Check the listing and scheduled-monument status, SSSI, designated landscape, National Park, Broads, World Heritage Site, safety hazard and military explosives storage exclusions. Confirm whether the site or curtilage is affected.
- Ask the local authority about Article 4. Confirm whether a direction removes the right at the address. Do not infer coverage from a nearby site.
- Screen the prior-approval issues. Investigate access and transport, contamination, flood risk, commercial noise, industrial-area impacts and any loss of nursery or health-centre provision. Check conservation-area status if ground-floor use will change.
- Test the residential layout. Confirm every home meets the applicable space standard and 37 m² floor, and that all habitable rooms can receive adequate natural light without relying on unapproved external works.
- Resolve delivery constraints. Check lease and tenant rights, building regulations, fire requirements, private covenants, CIL and VAT before locking in the programme and acquisition economics.
- Submit and wait before starting. Provide the plans and evidence needed for determination, track the 56-day process, and do not commence the residential conversion until the required approval or valid statutory route is established.
The rules and reported decisions cited here were checked against material available through 13 November 2026. Whether Class MA applies to an individual building depends on its permissions, lawful use history, site status and proposal; this article is general information, not a determination or legal advice.
Frequently Asked Questions
Can I apply for Class MA if only one floor of a building is changing to homes?
Potentially. Class MA can apply to a part of a building, but that part must have the qualifying lawful-use history and satisfy the relevant limits; permissions and conditions may apply differently to different floors or units.
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The removal of the vacancy requirement means occupation or trading does not by itself prevent an application. Planning permission does not end a lease or override a tenant’s contractual or statutory rights, so those arrangements need separate review.
Does a Class MA conversion remove the need for building regulations approval?
No. Permitted development status concerns planning permission; building regulations are a separate control over the works. The relevant building-control route and any higher-risk-building requirements should be established before construction begins.
Can a Class MA home later be used as a short-term let?
Class MA itself authorises C3 dwellinghouse use, not every later use or business arrangement. The planning status of a proposed short-term letting can depend on its nature and local circumstances, so check with the local planning authority before changing how the home is operated.
