On 1 August 2021 a new permitted development right, known as Class MA, came into force. It allowed many buildings in commercial, business and service use to be converted to homes through a prior approval application rather than a full planning application. For owners of empty shops and offices after the pandemic, it looked like an easy route. In practice it needed care.
What Class MA allows, and what it does not
The right applies only where the building meets the conditions set out in the regulations, including how long it has been vacant and in that use, and limits on size. Some locations and some buildings are excluded or treated differently, and listed buildings are not covered. Before spending money on design, check that the building qualifies.
Prior approval is a real application
The council can still consider matters such as transport, contamination, flooding, noise, natural light to every habitable room and, in conservation areas, the impact of losing ground floor commercial use. A poorly prepared application can be refused on those grounds. The drawings, light assessment and supporting statement need to be as considered as for any planning application.
The rest of the process still applies
Permitted development deals with planning only. Building Regulations approval, party wall procedures where the work touches a neighbour, and the construction contract itself all still have to be dealt with. Where the existing use is in doubt, a lawful development certificate can confirm the position first.
See our Planning and Heritage service, and how one practice handled four instructions on one lane in Essex, from planning and lawful development through to completed works.