What is Class MA?
Class MA is a permitted development right that allows commercial premises to be converted to residential use without a full planning application, by way of prior approval. Class MA replaced the older office-to-residential and retail-to-residential routes, and, like Class R, it's a change-of-use right, so works beyond internal reconfiguration generally require a separate full application.
A building qualifies only where it has a qualifying commercial use and has been continuously in that use for at least two years before the prior approval application.
Check the local rights first
The first check is whether Class MA is available at the location at all, because a council can remove the right in a defined area through an Article 4 direction.
Permitted development rights can be removed from some buildings, which shows up on the planning history where the council removed them in an earlier grant of permission. Whether an area is covered by an Article 4 direction can be checked on the local planning authority's website.
Are the premises eligible?
Class MA carries detailed conditions. The building must be of a qualifying use within Use Class E, and must have been continuously in that use for two years before a prior approval application is submitted.
The 5 March 2024 changes removed the maximum floorspace limit and the previous vacancy requirement, so there's now no cap on internal floorspace. Each home must still meet the minimum space standards and provide adequate natural light to every habitable room.
Class MA can't be used in a number of situations:
listed buildings, or land within the curtilage of a listed building
scheduled monuments and land within their curtilage
a Site of Special Scientific Interest
National Landscapes, the Broads, National Parks or World Heritage Sites
safety hazard areas or military explosives storage areas
land under an agricultural tenancy, unless both landlord and tenant have expressly consented
What the council assesses
The council looks at a defined set of matters, which vary with the building. For a Class MA application, those can include:
transport and access impacts
contamination risk
flood risk
noise from the surrounding area on future occupants
the impact on a conservation area, where the building is in one
residential amenity, where the building is near general or heavy industry, waste management, or storage and distribution
the loss of services, where the building is a registered nursery or an NHS health centre
fire safety, where the scheme creates two or more homes and the building is 18 metres or more in height, or has seven or more storeys
Natural light to the new homes is a particular Class MA test, and one that catches schemes out.
The process and timescales
We prepare an application setting out how the proposal complies with the legislation, along with any technical information the site requires, such as access, fire safety, flooding and noise. The council should decide the prior approval within 56 days of receiving the application. The scheme can proceed without prior approval where the council doesn't decide within that time, provided it genuinely complies with the Class MA criteria.
Where prior approval is secured, the development must be completed within three years of the prior approval date.
Building regulations still apply to the conversion work, separately from the planning side.
Typical opportunities
Class MA most often comes up for converting shops or offices to homes, from redundant premises to town-centre and village buildings. These schemes feed naturally into the residential work Cheffins handles.
When Class MA doesn't apply
Class MA doesn't apply to listed buildings, and it doesn't permit external works. It also doesn't apply where a building hasn't been continuously in Use Class E for the two years before an application. A full planning application is the route in these cases, and Cheffins can take that forward.
Why Cheffins?
Cheffins does more than secure the consent. We have a long history of selling development opportunities, and hold a database of buyers for sites at every stage. We can confirm likely values and identify buyers for an opportunity at any point in the planning process and during construction, so you can take advice throughout and decide when the time is right to sell.
We aim to add value at every stage of the development cycle, from critiquing a planning layout so it appeals to a developer at the design stage, through to advising on the finishing specification during construction. On a Class MA scheme, the new homes team handles the onward sale of the finished homes. Very few planning consultants can offer that, because most stop at the consent.
Frequently asked questions
Can I convert a shop into a house?
Potentially. Class MA permits the conversion of qualifying Class E premises, including shops, to residential use, subject to satisfying the relevant eligibility criteria and prior approval requirements.
Can I convert an office to residential without full planning permission?
Yes. An office can be converted to residential use without full planning permission, through the Class MA prior approval route.
What is Class MA permitted development?
Class MA permits the change of use of commercial premises in Use Class E to residential use in Use Class C3.
Does Class MA apply to a listed building or in a conservation area?
Class MA doesn't apply to listed buildings. It can apply within a conservation area, provided the council is satisfied the proposal doesn't harm the area.
How many homes can I create from a commercial building?
Class MA sets no limit on the number of homes. Each home must meet the national space standards, have adequate natural light to its habitable rooms, and have a gross internal area of at least 37 square metres.
Speak to the planning team
Not sure whether your premises qualifies for Class MA? Send us the details, and we can check the position and set out your options. Get in touch with the planning team or request a callback.