Change of use applications

A Simple Introduction from Our Experience

The true potential of a building often lies not just in its physical structure, but in its legally permitted use. In a dynamic city like London, the needs of a neighbourhood can change rapidly, and properties must adapt. A vacant shop could become a vibrant community cafe, an underused office block could be transformed into much-needed homes, or a large house could be converted to serve multiple tenants.

This process of transformation is governed by the planning system through what is known as a Change of Use. At London Extend, we manage numerous change of use applications every year, helping clients unlock hidden value and reimagine their properties. This guide explains the fundamental concepts behind the Use Class system and the strategic considerations for navigating this process in London.

The Concept in Plain English: What is a "Use Class"?

To manage development and ensure that towns and cities are pleasant places to live and work, the planning system groups properties into categories based on their function. Think of it like the layout of a supermarket: fruit and veg are in one aisle, baked goods in another, and cleaning products in a third. This zoning ensures you don't end up with an inappropriate mix of things in the wrong place.

The planning system does this for buildings, grouping them into Use Classes. This framework helps ensure that, for example, a noisy factory can't open in the middle of a quiet residential street.

A Change of Use application is the formal process of asking your local council for permission to move a property from one "aisle," or Use Class, to another.

It's important to note that if you change the specific use of a property but it remains within the same Use Class, you generally do not need planning permission for the change itself. For example, a bookshop changing to a hairdresser would not be a change of use, as both fall within the broad Class E. However, you may still need permission for any physical works involved, like installing new ventilation systems.

The Official Use Classes Order Explained

The government defines these categories in the Town and Country Planning (Use Classes) Order. In September 2020, these classes underwent a major overhaul designed to provide more flexibility on the high street. The most significant change was the creation of the broad Class E (Commercial, Business and Service), which merged previous classes for shops, financial services, restaurants, offices, clinics, and indoor sports facilities into one.

The table below outlines the main Use Classes you are likely to encounter.

Export to Sheets

The Special Case of "Sui Generis"

You'll notice the last category, Sui Generis. This is a Latin term meaning "in a class of its own." It covers all uses that don't fit into any of the defined classes. This is a critical category to understand, because any change to or from a Sui Generis use always requires a full planning application. For example, changing a restaurant (Class E) to a pub (Sui Generis) needs permission. Likewise, changing a pub to a cinema (both Sui Generis) also needs permission.

How This Impacts Your Project in London

While the Use Class Order is national, its application in London is heavily influenced by borough-specific policies.

• Protecting Local Assets: Many London boroughs have strong local policies to prevent the loss of certain types of property. For example, they may have policies that resist the conversion of pubs, offices, or retail units into residential apartments to protect local amenities and employment. Your application must build a strong case to justify the change against these policies.

• Article 4 Directions: This is a major factor in London. A council can issue an Article 4 Direction to remove national Permitted Development Rights in a specific area. This is very common in London to control the conversion of offices to homes (to protect business space) or the change of family homes (C3) to small HMOs (C4). This means a change of use that might be 'permitted development' elsewhere in the country will require a full planning application in that part of London.

• Prior Approval Applications: Even where a change of use is allowed under Permitted Development, it often requires a Prior Approval application. This is a lighter-touch process where you must still formally notify the council, who will then assess the proposal against specific risks like flooding, transport impacts, and noise before they grant approval. It is not a guaranteed pass.

Common Pitfalls We've Seen

• Misunderstanding Sui Generis: The most frequent error is assuming two similar-seeming uses don't need permission. We often see clients surprised that changing a pub into a hot food takeaway requires a full planning application, as both are Sui Generis.

• Ignoring Local Article 4 Directions: Relying on the national Permitted Development rules without checking for a local Article 4 Direction is the biggest trap in London planning. It can lead to expensive enforcement action.

• Forgetting about Physical Changes: Even if a change of use itself doesn't need permission (e.g., a shop to an office within Class E), the physical alterations required to make the building suitable for its new function—like new shopfronts or extraction flues—very often do.

Our Concluding Advice

Successfully navigating a change of use application, especially in London, is about building a robust case that satisfies both the national framework and crucial local policies. The applications we handle most frequently—such as converting commercial properties to residential, pubs to homes, or creating places of worship—all require a deep understanding of this complex policy landscape.

At London Extend, we manage this entire process for our clients. This includes:

• Assessing the viability of a proposed change against local planning policy.

• Preparing compelling planning statements and drawings.

• Commissioning specialist reports, such as noise or odour assessments, where required.

• Submitting and managing the application through to a final decision.

If you have a property and see its potential for a new purpose, we can help you determine the right strategy. Contact us for a complimentary initial consultation.