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Class MA Prior Approval: What You Need to Know

Edward Kercher

Recently, we’ve been seeing a rise in the number of clients sourcing and developing commercial properties, particularly the conversion of Class E offices into residential units. Some developers have been turning to Class MA prior approval to do this. 


What is Class MA Prior Approval?

Class MA, introduced as part of the UK’s Permitted Development Rights (PDR) allows for the change of use of buildings that are in Class E (e.g. commercial, business or service) to Class C3 (dwellinghouses, residential). This regulatory shirt has opened the door for many property developers to repurpose outdated office blocks or retail spaces into modern and high demand housing solutions.


With its potential for high returns, this approach is gaining momentum as a highly profitable property development option when done right.


Why Now?

The property landscape has changed dramatically in the last few years. Demand for residential housing continues to grow, while the need for traditional office spaces has seen a decline, particularly since the COVID-19 pandemic with the evolution of changing work patterns and a rise in remote and hybrid working. This dynamic creates a unique opportunity for developers to tap into an underutilised asset class and provide residential homes in areas where housing is scarce.

 

Changes to Class MA Prior Approval

When Class MA prior approval was introduced, it was a significant milestone in property development. However, the latest amendments effective from 5th March 2024 elevated its potential even further. 


These changes were brought forward through the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 [SI 2024 No. 141], removing some restrictions and making Class MA easiest and more attractive to developers seeking to convert these commercial spaces into residential homes. 


The amendments, laid before Parliament on 13th February 2024, included:

  • No Floor Space Limit: Previously capped at 1,500 square meters, there is now no upper limit on the amount of commercial floor space that can be converted under Class MA. This change enables the conversion of larger buildings, expanding the scope of projects developers can undertake.

  • No Vacancy Requirement: The former rule mandating that a building must have been vacant for at least three months before an application has been abolished. This streamlines the process and allows developers to act quickly on opportunities without the need for a lengthy vacancy period.


While these changes significantly enhance the appeal of Class MA, developers or those seeking home ownership must still navigate the prior approval process.




Class MA Prior Approval Restrictions and Things to Know

Before getting started with a Class MA application, there are some restrictions and things to know about before proceeding. Here’s what developers or aspiring residential homeowners should know:


  • Eligible Buildings: Any property within the Commercial, Business, and Service use class (Use Class E) is eligible for conversion under Class MA. This includes a diverse range of buildings such as retail spaces, office spaces, gyms, professional services, medical or health facilities etc.

  • Floorspace Limits: The previous cap of 1,500 square meters was lifted in March 2024, meaning that developers can repurpose commercial buildings of any size. This creates a fantastic opportunity to deliver larger-scale residential projects and significantly increase the number of units provided.

  • Vacancy Requirement: Property developers or home buyers no longer need to wait for a property to remain vacant for three months before applying for prior approval. This change enables faster decision-making and further enhances the opportunity. 

  • Limitation on Certain Areas: Class MA is still subject to assessments in certain areas, such as national parks, ecological sites, world heritage sites, areas of outstanding natural beauty etc.


Application Process for Class MA Prior Approval

Any property developer must submit an application with their local planning authority to judge whether the building complies with the requirements of the GPDO. This includes the following:


  • A description of the proposed development 

  • Scaled plans showing the site and the proposed development 

  • Existing and proposed elevations

  • A fire risk statement for building over 18 metres

  • A floor plan with dimensions and uses as well as positions of windows, doors and walls


Application Considerations 

The application will be considered against a number of criteria, including: 


  • Transport impacts of the development 

  • Impact of noise from the commercial premises on the intended occupiers 

  • Contamination risks in relation to the building

  • Flooding risks in relation to the building 

  • Whether the development impacts the loss of services e.g. health centres or nurseries

  • Whether the building is located in a conservation area

  • Whether each habitable room will have enough natural light

  • Impact on business in the area

  • Fire risk assessment if the building is higher than 18 metres


The application fee is £120 per dwelling and usually takes up to 60 days. 


Conclusion: Class MA Prior Approval

Whether you are a seasoned property developer or are just starting research for your first project, Class MA offers a fantastic opportunity to capitalise on changing market demands.


Do you have a commercial unit that falls within Class E of the GPDO and want to explore whether it can be converted into residential units? Why not reach out to our team..

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