Change is part of doing business – whether you’re expanding your operations, shifting your business model or repurposing a building for new tenants. But if you’re considering a different use for a commercial property, you’ll need to navigate the UK’s planning system carefully.
In many cases, using a property for something other than its current legal classification requires formal permission from your local council. This is known as applying for a change of use. Without it, you risk enforcement action that could be costly and disruptive.
In this article, we’ll walk you through the basics of change of use, how the application process works and when expert legal advice is essential.
What does ‘change of use’ mean?
All buildings in England and Wales are assigned a use class under the Town and Country Planning (Use Classes) Order 1987 (as amended). These classes group properties based on the type of activity that takes place inside them. For example, Class E covers most commercial premises like shops, offices, restaurants and gyms, while other classes cover industrial use (Class B2), warehouses (Class B8) and sui generis categories like pubs, hot food takeaways or nightclubs.
A change of use occurs when a business intends to use a property in a way that falls outside of its current classification. Common examples include turning a retail shop into a café, converting an office into a clinic or transforming a warehouse into a gym.
Depending on the specific classes involved and the location of the property, this type of change may require planning permission from the local planning authority (LPA).
Do all changes of use require permission?
Not always. In some cases, changes of use are allowed under permitted development rights – meaning you don’t need to submit a full planning application. For example, many changes between use types within Class E (commercial, business and service) are permitted without additional approval.
However, there are important exceptions. If the property is in a conservation area, part of a listed building or subject to special planning conditions, you may still need consent. And for changes that fall outside permitted development – such as from retail to residential or from a light industrial unit to a café – you’ll need to apply for full planning permission.
Even where permission isn’t required, it’s still advisable to seek professional legal advice to confirm your obligations. The penalties for getting it wrong can be severe.
What is the process for applying?
If a change of use requires planning permission, the process typically involves the following steps:
- First, you’ll need to confirm the current lawful use of the property. This may require examining planning records or obtaining a certificate of lawful use from the council.
- Next, identify your proposed use class and how it differs from the existing one. This will determine whether a planning application is necessary – and what kind of supporting documentation will be needed.
- You’ll then need to submit a planning application to your local council, along with plans, impact assessments and any relevant supporting statements. The council will usually make a decision within 8 weeks, though complex applications may take longer.
What factors influence the council’s decision?
When reviewing a change of use application, the local authority will assess how the new use fits within their planning policies. Some of the key factors they’ll consider include:
- Impact on the local area – Will the change generate more noise, traffic or footfall than the previous use? Is it appropriate for a residential or conservation zone?
- Need and benefit – Does the proposed use support the local economy or meet a clear need (e.g. increased healthcare provision or more retail diversity)?
- Loss of existing use – If the new use involves losing a facility such as a shop, pub or office space, planners may be reluctant to approve it unless there’s strong justification.
The council will also consult with neighbours, local businesses and statutory bodies before making a decision. This means it’s vital to prepare a strong application that anticipates and addresses potential objections from the outset.
Can the council refuse your application?
Yes. While many change of use applications are approved, particularly those that comply with local development plans, there’s always a risk of refusal. This may happen if the council deems the proposed use unsuitable for the location or contrary to planning policies.
If your application is rejected, you have the right to appeal – but this can be a lengthy and uncertain process. That’s why it’s important to work with experienced commercial property solicitors and planning professionals from the outset to reduce the chances of refusal.
Legal support for commercial landlords and tenants
Whether you’re a landlord wanting to increase the rental value of your property or a business tenant looking to expand or pivot, understanding the legal framework around change of use is crucial. Getting it wrong can lead to planning enforcement notices, fines or being forced to revert to the original use.
A commercial property solicitor can help by:
- Checking whether the proposed change falls within permitted development.
- Liaising with planning consultants and architects to prepare a robust application.
- Managing legal risks if permission is refused or enforcement action is threatened.
- Advising on lease terms and landlord consent if you’re a tenant.
Change of use guidance from specialist solicitors
Applying for change of use can unlock new opportunities – whether you’re transforming a disused shop into a vibrant café, repurposing office space or adapting to changing market demand. But with complex planning rules and local variations to consider, legal advice is key to a smooth process.
At Osbourne Pinner Solicitors, our commercial property team works with landlords, tenants and developers across the UK to support planning and change of use applications.
We offer a free 30-minute consultation to discuss your plans and provide tailored legal guidance. Call 0203 983 508 or email [email protected] to speak with our team.
