Class MA: Use Class E to residential conversion

 

Class MA is the permitted development right that allows qualifying Use Class E premises to become one or more Class C3 homes in England. It can create opportunities in shops, offices, cafés, restaurants, gyms, clinics, nurseries and suitable light industrial buildings.

You must apply to the council before starting. That process is called prior approval, and it has specific limits. The existing use, location, proposed homes and supporting evidence all matter. Even an entirely internal conversion can fail if the change of use harms a conservation area.

Planning Geek can help assess the planning position and prepare the prior approval application, working with your design team and specialist advisers where required.

 

Class MA at a glance

 

• Available in England for a change from Class E to Class C3, including self-contained flats
• No Class MA maximum floorspace limit and no three-month vacancy requirement since 5th March 2024
• At least two years of continuous qualifying use before the date of the prior approval application
• The building and proposal must meet the eligibility rules, including national space standards
• Prior approval deals with the matters listed in the legislation, including a specific conservation-area test for ground-floor changes
• Separate permission may be needed for windows, doors and other building works
• An Article 4 Direction or an existing planning condition can prevent reliance on the right
• The development must be completed within three years of the prior approval date

This is an England-only right. Do not apply it to a property in Wales, where a different permitted development regime operates.

 

Which commercial uses qualify?

 

The starting use must fall within Class E. That includes shops selling goods, restaurants and cafés where food and drink are mainly consumed on the premises, financial and professional services, and other suitable commercial services.

It also includes qualifying indoor sport and fitness uses, medical and health services, crèches, day nurseries and day centres. Offices, research and development and light industrial processes can qualify where they meet the Class E requirements concerning effects on residential amenity.

Do not assume that every commercial building is Class E. General industry, storage and distribution, public houses, hot food takeaways and some community shops fall elsewhere. Indoor swimming pools and skating rinks are also outside Class E. Our use classes guide explains the distinctions.

A relevant part of a building can qualify, but its lawful use needs to be established. Class MA does not turn every floor of a mixed-use building into eligible commercial space.

 

The two-year use history still matters

 

The legislation requires the building to have fallen within one or more of the specified use classes for a continuous period of at least two years before the date of the prior approval application. There is no fixed qualifying date such as March 2013.

For periods on or after 1st September 2020, the qualifying class is Class E. For earlier periods, the legislation recognises the former A1, A2, A3 and B1 classes, specified medical and nursery uses in D1, and specified D2 sports uses. The current starting use must still be Class E.

The separate three-month vacancy test was removed in 2024. That does not remove the need to prove the qualifying use history or establish the existing lawful use. Check a long-empty or altered building carefully, including whether its previous use has been abandoned.

The Prebend Street appeal illustrates why the planning history must be checked floor by floor. An earlier permission changed only the ground and lower-ground floors of a former pub to Class E. A later officer report did not make the upper floors Class E, and a conversion that included a sui generis floor failed.

Permissions, approved plans, lawful development certificates and evidence of actual use should tell a consistent story. Where the lawful use is uncertain, a Certificate of Lawfulness for the existing use may help establish it before you rely on Class MA.

 

Where the right is excluded

 

Class MA cannot be used where land covered by, or within the curtilage of, the building 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
• A military explosives storage area

It is also excluded where the building is within a National Landscape, legally an area of outstanding natural beauty, the Broads, a National Park, a World Heritage Site or an area specified by the Secretary of State under section 41(3) of the Wildlife and Countryside Act 1981.

If the site is occupied under an agricultural tenancy, the express consent of both landlord and tenant is needed. The wider GPDO rules also prevent reliance on an unlawful building or unlawful existing use, or development contrary to a relevant condition on an existing planning permission.

A conservation area is different. Its designation does not automatically exclude Class MA, but a ground-floor change engages the conservation-area test explained below.

 

Check Article 4 before committing to a purchase

 

An Article 4 Direction can withdraw Class MA for a defined area or specified development. Use our Class MA Article 4 guide and table as a starting point, then read the actual direction, map and effective date for the property.

Submitting a prior approval application before a direction starts is not, by itself, enough. The GPDO protects development where the prior approval date occurs before the direction comes into force and the development is completed within three years of that prior approval date.

The prior approval date can be the date approval is given, the date the council determines that approval is not required, or the relevant date when the statutory period expires without the required notification. Check the particular circumstances before relying on the timing protection.

 

What the council can assess under Class MA

 

The council first needs to establish that the development qualifies for the right. The prior approval assessment then concerns the following matters, where applicable:

• Transport: the development’s transport impacts, particularly safe site access
• Contamination: risks in relation to the building
• Flooding: risks in relation to the building
• Noise: noise from commercial premises affecting the intended occupiers
• Conservation areas: the effect of the change of use on the area’s character or sustainability where all or part of the ground floor changes use
• Natural light: adequate natural light in every habitable room
• Industrial surroundings: the effect on intended occupiers of introducing homes into an area the council considers important for general or heavy industry, waste management, storage and distribution, or a mixture of those uses
• Local services: the effect on local provision where services are lost from a registered nursery or a health centre maintained under section 2 or 3 of the National Health Service Act 2006
• Fire safety: the effect on intended occupiers where the statutory fire risk condition is met

The council can request information it reasonably needs to decide those matters. Conditions must be reasonably related to the subject matter of the prior approval. This does not give the council a general power to reassess the proposal as though it were a full planning application.

Registered nursery loss: MA.2(2)(h) is a specific service-provision test. The fact that a nursery could change to another Class E use without planning permission does not remove that test where Class MA is used to create a home. In appeal 6011893 at Dartford, a nursery that had already closed still failed the prior approval test because there was no clear evidence showing the level of nursery provision remaining locally. The Inspector used NPPF Policy HC6 only because it was relevant to that specified nursery-loss matter under paragraph W; wider housing benefits could not be used to overcome the failure.

 

Conservation areas: the use itself can cause harm

 

Where a building is in a conservation area and the development changes the use of the whole or part of the ground floor, the council assesses the impact of that change of use on the character or sustainability of the conservation area.

This test is not confined to windows, doors, shopfront alterations or architectural appearance. The activity associated with the use can contribute to the area’s character. An entirely internal residential conversion can therefore fail even when no external alterations are proposed.

At 21 Grace Hill, Folkestone (appeal decision 6011807), the Inspector dismissed a proposal to convert a former hair and beauty unit into one flat on 17th September 2026. The commercial ground floors helped give that part of the Leas and Bayle Conservation Area its historic town-centre character. Losing the potential for a commercially active frontage would reduce activity and interaction and erode the terrace’s functional consistency.

No external alterations were proposed. The unit was vacant, but the evidence did not establish that commercial occupation was unlikely in the longer term. The Inspector applied the existing Class MA wording; the appeal did not create a new legal test or ban every ground-floor conversion in a conservation area.

The allowed Chiswick Class MA conversion provides the contrast: in that secondary mews setting, the Inspector found that the building contributed through its townscape and spatial relationships rather than active commercial use.

For a similar proposal, address the actual role of the commercial use in that part of the conservation area. A drawing showing an unchanged shopfront will not, on its own, answer the statutory question.

 

Noise, railway neighbours and the limits of prior approval

 

A commercial building can be suitable for its current occupiers and still need substantial acoustic work before people can live in it. Evidence should consider the relevant sources, operating hours and mitigation, including whether adequate ventilation is possible with windows closed. The separate industrial-area test can also apply.

In the Birkdale Avenue, Birmingham appeal (decision 6009473), 15 flats were allowed on 17th September 2026 beside commercial premises and a railway. The Inspector considered railway noise as well as nearby commercial activity. Enhanced glazing, acoustic measures and ventilation evidence supported the scheme, with conditions securing noise insulation and an overheating assessment that assumed closed windows.

The Inspector also found that ground-based vibration from nearby uses was not a consideration required by the Class MA prior approval list. That is a useful illustration of the limits of this particular assessment. It should not be read as a general rule that vibration can never matter in planning.

Planning Geek’s practical advice is to identify the statutory question first, then obtain evidence that answers it. A limited prior approval process still needs sound evidence on the matters it does cover.

 

Minimum space standards are more than a 37 sq m rule

 

Article 3 of the GPDO prevents permission for a new dwelling with a gross internal floor area below 37 sq m or one that does not comply with the Nationally Described Space Standard. Both requirements matter.

For a one-storey, one-bedroom, one-person home, the standard is normally 39 sq m. It can reduce to 37 sq m where there is a shower room instead of a bathroom. A one-bedroom, two-person home needs at least 50 sq m over one storey or 58 sq m over two storeys.

The standard also covers bedroom dimensions, storage and ceiling heights. Merely getting the overall floor area above 37 sq m does not establish compliance for every type of home.

In the Birmingham appeal, the studios were presented as one-person units, each had a shower room and each exceeded 37 sq m. The Inspector did not treat a double bed shown on a plan as decisive evidence of two-person accommodation. That was a finding on the submitted layouts and evidence, not permission to describe any undersized two-person flat as a studio.

 

Natural light and separate permission for building works

 

Every habitable room must receive adequate natural light. For this purpose, the GPDO includes rooms used for sleeping or living, including combined living and kitchen rooms. It excludes rooms used solely for cooking, bath or toilet facilities, service rooms, corridors, laundry rooms, hallways and utility rooms.

The council must refuse prior approval if adequate natural light is not provided in all habitable rooms. A well-lit living room cannot compensate for an inadequately lit bedroom.

Class MA grants permission for the change of use, not the building operations needed to facilitate it. New windows, doors, rooflights, extensions or other works must be lawful through a separate permission, another applicable permitted development right or because they do not require planning permission.

The Dursley appeal demonstrated that an existing permission for windows and rooflights could work alongside Class MA, with a condition preventing occupation until those works were completed. The relevant court authority is R (LW Zenith Ltd) v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 3317 (Admin). It does not make Class MA itself a permission for external works.

 

Transport, flooding and contamination evidence

 

Transport evidence should match the proposal and its setting. Consider the lawful existing use, expected traffic, parking effects, walking and cycling opportunities and safe access. A formal parking survey is not an automatic requirement for every conversion, but may be necessary where the evidence otherwise leaves a material issue unresolved.

A site-specific flood risk assessment is required where the Paragraph W Environment Agency consultation requirement applies: Flood Zones 2 or 3, or relevant notified areas with critical drainage problems in Flood Zone 1. Flooding remains a prior approval matter elsewhere too, so being in Flood Zone 1 does not remove the need to assess relevant risks.

Contamination evidence must address the suitability of the building and site for the intended residential use, including any necessary mitigation. Paragraph W requires refusal where the authority determines that the change of use would result in contaminated land within the statutory definition, taking mitigation into account.

 

When the fire safety test applies

 

The Class MA fire risk condition applies where the development relates to a building that will contain two or more dwellinghouses and will be 18 metres or more in height, or contain seven or more storeys.

Height is measured from the adjacent ground level to the top floor surface of the top storey, ignoring the relevant rooftop machinery or plant storey. Where adjacent ground levels vary, the lowest level is used. Below-ground storeys are ignored when counting storeys; a mezzanine counts if its internal floor area is at least 50% of the largest above-ground storey.

Where the test applies, the application must include a statement about the fire safety design principles, concepts and standards applied to the development. The council must consult the Building Safety Regulator. This is separate from compliance with Building Regulations and any other building safety duties.

 

What to submit with the application

 

Paragraph W, as modified by Class MA, sets the submission requirements. They include:

• A written description of the proposed development
• A plan identifying the site and showing the development
• A statement of the net increase in dwellinghouses
• A floor plan showing each dwelling’s total floorspace, the dimensions and proposed use of every room, the position and dimensions of windows, doors and walls, and the elevations
• The developer’s contact address and an email address if electronic communication is accepted
• The applicable statutory fee
• A site-specific flood risk assessment and fire safety statement where the relevant requirements apply

Also provide the evidence needed to establish eligibility and address the relevant prior approval matters. The council can refuse where the proposal does not qualify or the information is insufficient to establish compliance. A short application is only useful if it still answers the necessary questions.

The council arranges the required publicity and consultation. Paragraph W provides for a site notice or notices to adjoining owners or occupiers, including owners or occupiers of other parts where only part of a building is involved. The prescribed consultation and publicity periods must be respected.

For the application charge, use our planning application fees guide. Allow separately for any evidence, drawings and specialist assessments the property requires.

 

The 56-day period and when you can start

 

Applying is not permission to start immediately. Development must wait for a written determination that prior approval is not required, written prior approval, or the relevant expiry of the 56-day period without the notification required by Paragraph W.

The statutory wording measures that period following the date the council receives the application. Article 7 also allows the applicant and council to agree a longer determination period in writing. Check any such agreement before claiming that time has expired.

The passage of time does not turn an ineligible proposal into permitted development. The application, use, building and development must still satisfy the GPDO. Our prior approval deemed consent guide explains the risks, and a proposed lawful development certificate may provide formal confirmation where the route is disputed.

There is a right of appeal against a refusal of prior approval. Our planning appeals guide explains the next steps. Review the refusal reasons and evidence before deciding whether to appeal or revise the proposal.

 

Completion, conditions and future use

 

The Class MA development must be completed within three years starting with the prior approval date. This is a completion deadline, not simply a requirement to start work. The prior approval date is defined in Paragraph X and includes the relevant expiry date where the statutory procedure allows development without an express approval.

Follow the approved details, or the submitted details where approval was not required or the statutory period expired, unless a different position is agreed with the council in writing as Paragraph W permits. Comply with every relevant condition, including any details required before occupation.

Class MA and Paragraph W do not impose a general standalone notice of completion for every conversion. Check the actual decision conditions and separate notification requirements, including those arising under CIL and building control. Keep evidence of when the development was completed.

A building converted under Class MA must remain within Class C3, apart from ancillary uses. Do not assume it can then switch to an HMO or another use under a separate permitted development right without considering that continuing condition.

 

Other requirements still need attention

 

Permitted development is not an exemption from the Community Infrastructure Levy. A conversion creating homes can be chargeable even without extra floorspace. Establish the calculation, evidence and required notices before starting. The Herod CIL judgment is an important warning about starting while the charge remains unresolved.

The GPDO also contains wider environmental restrictions. Where applicable, environmental impact assessment screening and the Habitats Regulations process must be dealt with. In particular, a separate approval under regulation 77 can be needed before permitted development affecting a protected European site begins.

Building Regulations, protected-species controls, property rights and any separate permission for physical works also require their own checks. Class MA approval does not settle those matters.

Before buying or designing a scheme around the right, establish whether the building qualifies and whether the necessary evidence and works are achievable. Where a key exclusion applies, a full planning application may be the route to consider instead.

 

Related Planning Geek news and appeals

 

• Bedford parking survey appeal: proportionate transport evidence for one small flat
• Dursley windows and rooflights appeal: separate permission and an occupation condition working together
• Herod Class MA CIL analysis: the practical consequences of starting before the charge is resolved

 

Current Class MA legislation and sources

 

This page was checked against the current consolidated legislation on 27th September 2026. Read the “Changes to Legislation” panel on legislation.gov.uk when checking an individual proposal.

• GPDO 2015, Schedule 2, Part 3, Class MA: the permitted change, exclusions, prior approval matters and conditions
• GPDO Part 3, Paragraphs W and X: the application procedure and definitions, including habitable rooms and the prior approval date
• GPDO article 3: general restrictions, lawful development, space standards and environmental requirements
• GPDO article 4: directions and protection where the prior approval date precedes a direction taking effect
• GPDO article 7: decision periods and written agreements for more time
• Use Classes Order 1987, Schedule 2: the current definition of Class E
• DMPO 2015, article 9A: the height and storey rules used by the Class MA fire risk condition
• SI 2024/141: removal of the vacancy requirement and floorspace cap from 5th March 2024
• SI 2026/20, Schedule 2, paragraph 19: the Building Safety Regulator consultation wording from 27th January 2026
• Habitats Regulations 2017, regulation 77: separate approval where that process applies

A policy version point for practitioners: Paragraph W(10)(b) requires regard to the NPPF only so far as relevant to the subject matter of prior approval. SI 2026/313 removed the former date-specific reference to the July 2021 Framework, so paragraph W now points to the NPPF generally. The current August 2026 Framework can therefore be relevant, but it does not widen the statutory list of prior approval matters. The Dartford nursery appeal illustrates the limit: Policy HC6 informed the existing MA.2(2)(h) nursery-loss assessment, while general housing benefits remained outside the scope.

 

Class MA Page Updated: 27th September 2026