Owners of empty or underused office buildings had a new route to market. From 30 May 2013, the change of use of many offices to homes in England could take place under permitted development, without a full planning application. The right was temporary, running for three years, and the government intended to review its effect.
How it works
The developer applies to the council for a decision on whether prior approval is required. The council can consider only a narrow list of matters:
- transport and highways impacts;
- contamination risks;
- flooding risks.
Some areas, including large parts of central London, had been granted exemptions, and councils can also remove the right in particular areas by an Article 4 direction. Listed buildings and scheduled monuments are excluded from the right altogether, as are safety hazard areas and military explosives storage areas. Confirm the position for your building before you buy or design.
Planning is only the first step
Permitted development deals with the use. It does not deal with whether the building works as homes. Owners should still consider:
- Building Regulations. A change of use to dwellings brings in requirements for sound insulation between flats, ventilation, energy performance and more.
- Daylight and outlook. Deep office floor plates can leave rooms with poor natural light.
- The condition of the building. Roofs, windows, services and the structure may need investment before the flats can be let or sold.
- Party walls. Work to walls shared with neighbours may need notices under the Party Wall etc. Act 1996.
- External changes. New windows, balconies or rooftop additions are not covered by the change of use right.
Practical advice
- Commission a condition survey before committing to a purchase or a scheme.
- Check for exemptions and Article 4 directions.
- Prepare the prior approval submission carefully, with evidence on each matter.
- Design to Building Regulations from the outset, so that the layout is not compromised later.
Our Planning and Heritage service handles prior approval and planning, and our Building Surveys service assesses the building first. See how we helped convert a backland garage site into nine new homes.