From 5th March 2024, Class MA of the General Permitted Development Order 2015, has been updated to remove some restrictions on the change of use from commercial to residential property.

Prior to the update, it was permitted by the Order for properties within the following use classes prior to 1st September 2020 to change to C3 Dwellinghouse:

• Class A1 (shops);
• Class A2 (financial and professional services);
• Class A3 (food and drink);
• Class B1 (business);
• Class D1(a) (non-residential institutions – medical or health services);
• Class D1(b) (non-residential institutions – crèche, day nursery or day centre);
• Class D2(e) (assembly and leisure – indoor and outdoor sports), other than use as an indoor swimming pool or skating rink;

Or, if in Class E (commercial, business and service) on or after 1st September 2020.

The stated purpose of Class MA is to help bring life back to high streets and town centres by removing the need for a planning application to be submitted for change of use, subject to some conditions and a prior approval process in some circumstances.

Since its introduction in 2021, Class MA has been a pillar in the Government’s policy focus towards brownfield development. However, critics claim that such measures are likely to delivery low numbers of new dwellings compared to the (politically sensitive) greenfield alternatives.

March 2024 Update – Removal of vacancy requirement, and size restrictions

In February 2024, Government announced an update to Class MA, effective from 5th March 2024. The update removes restrictions originally set out in form of Class MA.1 (a) and (c), specifically that Class MA development is NOT permitted:

(a) unless the building has been vacant for a continuous period of at least 3 months immediately prior to the date of the application for prior approval;
(c) if the cumulative floor space of the existing building changing use under Class MA exceeds 1,500 square metres;

The removal of these provisions is aimed at further supporting the conversion of non-viable commercial property into dwellings. However, practical restrictions remain in place.

Real Impact?

Despite the loosening of Class MA, most proposals will still require a Prior Approval application, and to meet technical housing standards. The extent to which MA.1(a) and (c) were a major factor in restricting the volume or speed of new dwelling creation from Class MA will be questioned by critics of the Governments continued emphasis on brownfield development.