What is Class MA? — Commercial to Residential Conversion
Class MA allows Class E commercial buildings to change to residential use through Prior Approval rather than full planning permission. This guide covers eligibility, assessment criteria, the 56-day rule, and the 2024 changes that removed the size cap and vacancy requirement.
PRIOR APPROVAL
Andrew Ransome
4/26/20268 min read
Class MA is one of the most powerful tools available to property owners, property investors and commercial landlords.
Class MA is a permitted development right that allows commercial property in Class E use — shops, offices, restaurants, gyms, and health centres among others — to be converted to residential dwellinghouses without the need for a full planning application.
Instead, a streamlined Prior Approval process applies, where the local planning authority can only assess a defined set of criteria rather than the full range of planning considerations.
This guide explains how the process works in practice, what the assessment criteria actually mean, and what to check before you commit.
What is Class MA?
Class MA is a permitted development right contained in Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended).
It allows a building in Class E (commercial, business and service) use to change to Class C3 (dwellinghouses) use — without the need for a full planning application.
For property investors and commercial landlords, this translates into lower cost, greater certainty, and a faster route to planning gain.
Class MA does not grant permission automatically — a Prior Approval application is always required. But it significantly narrows what the local planning authority can assess, making outcomes more predictable than a full application.
The legislation defines the permitted development as follows:
The 2024 Rule Changes
Two significant changes took effect for applications submitted on or after 5th March 2024. Both materially expand the scope of what Class MA can achieve.
The Size Cap Has Been Removed
Large office blocks, former department stores, multi-floor retail units — all are now potentially in scope.
The key test is now determined not by a size rule but by whether adequate natural light can be provided to all habitable rooms, which becomes the critical design constraint for large, deep-plan buildings.
The Vacancy Requirement Has Been Removed
Previously, a building had to have been continuously vacant for at least three months immediately before submission. That condition has gone.
A Prior Approval application can now be made in respect of an occupied commercial building, or one that has only just become vacant.
This removes a significant barrier for landlords who want to plan ahead rather than waiting for tenants to leave.
Practical Impact
The combined effect of these two changes is particularly significant for buildings that were previously only partially converted — where upper floors had been converted under Class MA but the ground floor retail remained in commercial use.
The whole building can now be treated as a single project without the previous size constraint creating a barrier.
What Does Class E Include?
Class E is broader than many investors realise.
It was introduced in September 2020, consolidating what had previously been several separate use classes (A1 shops, A2 financial and professional services, A3 food and drink, B1 offices and light industrial, and parts of D1 and D2).
The following uses are all within Class E, and therefore all potentially eligible for Class MA conversion:
Retail shops and stores
Financial and professional services (banks, estate agents, solicitors)
Restaurants and cafés
Offices
Light industrial uses
Research and development premises
Clinics and health centres (including GP surgeries)
Crèches and day nurseries
Gyms and indoor sports facilities (excluding swimming pools and skating rinks)
Does Your Property Qualify?
Before submitting — and ideally before acquiring a property specifically for conversion — a systematic eligibility check should be carried out. The following conditions must all be satisfied.
The Two-Year Date Stamp
The legislation requires that the building must have been within Class E use (or one of the qualifying predecessor use classes) for a continuous period of at least two years prior to the date of the Prior Approval application.
Absolute Exclusions
Class MA cannot be used where the building or land falls within any of the following designations. These are hard exclusions — there is no discretion:
a site of special scientific interest;
a listed building or land within its curtilage;
a scheduled monument or land within its curtilage;
a safety hazard area; or
a military explosives storage area.
an area of outstanding natural beauty;
An area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;
the Broads;a National Park; or
a World Heritage Site.
Article 4 Directions — the Local Veto
Even where none of the above designations apply, some local planning authorities have removed Class MA permitted development rights in specific areas through an Article 4 Direction.
This is most common in London boroughs and the cores of some larger cities.
Where an Article 4 applies, a full planning application will be required instead of a Prior Approval.
Always check whether the property sits within an Article 4 area before proceeding.
Conservation Areas
Class MA does apply within conservation areas, unlike some other permitted development rights.
However, the legislation at MA.2(2)(e) adds an additional assessment condition where the development involves a change of use of the whole or part of the ground floor: the LPA must consider the impact of that change on the character or sustainability of the conservation area.
This is manageable in many cases, particularly where no external alterations are proposed.
Agricultural Tenancies
The legislation provides that Class MA cannot be used where the site is occupied under an agricultural tenancy, unless both the landlord and the tenant have given their express consent. This is an unusual scenario in the context of commercial property but worth noting.
The Prior Approval Assessment Criteria
This is where the detail matters most.
Prior Approval under Class MA is not a rubber-stamp exercise. The LPA must assess the application against the specific criteria. Understanding what each criterion means in practice is essential to preparing a strong application and designing a scheme that will pass without difficulty.
The full list of matters to be considered, drawn directly from the legislation, is as follows:
a) Transport impacts
Particularly to ensure safe site access and the provision of suitable parking. Car-free residential development may be acceptable in some scenarios.
b) Contamination risks
A contamination risk assessment may be required, particularly for former light industrial uses.
c) Flooding risks
The flood zone of the site determines the level of assessment required. Flood Zone 1 (lowest risk) sites are straightforward. Flood Zone 2 or 3 will require a site-specific flood risk assessment to accompany the application, and the Environment Agency must be consulted by the LPA.
d) Noise from commercial premises
Where the building is adjacent to or above an active use e.g. restaurant, takeaway, nightclub, bar, or light industrial unit, a noise assessment will be required. The LPA will want to be satisfied that the proposed dwellings can achieve appropriate internal noise levels. This requires an acoustic consultant and should be identified before the design is fixed.
e) Conservation area impact (ground floor)
Applies where the building is in a conservation area and the development involves a change of use of the whole or part of the ground floor. The assessment considers the impact on the character and sustainability of the conservation area.
f) Adequate natural light
All habitable rooms must receive adequate natural light. This is the condition that most frequently determines whether a proposed layout is viable.
The critical point is that all habitable rooms must receive adequate natural light. A bedroom or living room with no external window, or with a window overlooking only a very deep lightwell or internal corridor, is unlikely to pass. Deep-plan buildings with a large floor area and limited perimeter are the most technically challenging.
For larger or more complex buildings, a daylight and sunlight assessment prepared by a specialist consultant may be required. This should be considered at the design stage, not as an afterthought after the layout has been fixed.
g) General and heavy industrial neighbours
Where the LPA considers the area to be important for general or heavy industry, waste management, or storage and distribution, it will assess the impact of introducing residential use. This is designed to protect employment land from residential encroachment.
h) Loss of nursery or health centre
Where the building currently houses a registered nursery or an NHS health centre, the LPA must consider the impact on local provision of that type of service. This condition recognises that some Class E uses carry a community value that warrants specific consideration.
i) Fire safety (tall buildings only)
Where the development meets the fire risk condition — a building that will contain two or more dwellinghouses and is either 18 metres or more in height, or contains 7 or more storeys — a fire safety statement must accompany the application.
The Prior Approval Process Step by Step
1. Feasibility and Pre-Application Assessment
Before incurring submission costs, carry out a desktop eligibility check.
2. Prepare the Application
A Class MA Prior Approval application typically includes: a completed application form, a location plan and site plan, floor plans showing the proposed residential layout, and a planning statement addressing each of the Prior Approval assessment criteria.
Depending on the site and context, additional technical reports may be needed — flood risk assessment, noise assessment, daylight and sunlight report, or contamination desk study.
3. Submit the application
On submission, the LPA will acknowledge receipt and the 56-day clock begins.
4. The 56-Day Determination Period
The LPA has 56 days from the date of acknowledgement to issue a decision. This is not the same as 56 days from submission — check the acknowledgement date carefully.
4a. Deemed Consent — If the LPA Fails to Decide in Time
If the LPA does not issue a decision within 56 days of acknowledging the application, a deemed consent arises automatically — provided the application met all the eligibility requirements for Class MA.
It is sometimes advisable to follow a deemed consent with an application for a Certificate of Lawfulness to formally record the position.
5. Implement Within Three Years
Once approved (whether by express consent or deemed consent), the development must be completed within three years starting from the Prior Approval date.
External Alterations Are Not Covered
Class MA authorises the change of use only.
It does not grant planning permission for any external alterations to the building. If the conversion requires new or replacement windows, new doors, cladding, rooflights, external stairways, or any other changes to the building's external appearance, a separate planning application will be required for those works.
Class MA in Practice
The following projects demonstrate Class MA in action across different building types, locations, and circumstances. Each involved careful assessment of the eligibility criteria and the Prior Approval conditions, and each resulted in a positive outcome.
Office to Residential Apartments — Colchester Town Centre Conservation Area - A first-floor office in Colchester town centre was converted to residential apartments under Class MA Prior Approval.
The building sat within the Colchester Town Centre Conservation Area, which added an assessment of the ground floor change of use impact — addressed by proposing no alterations to the building's frontage.
The design placed south and west-facing windows and skylights to satisfy the natural light requirement for all habitable rooms. The development was car-free, justified by the central location and proximity to public transport. All three units exceeded the Nationally Described Space Standards. Read here for more details.
Deemed Consent via the 56-Day Rule — Colchester - A Class MA Prior Approval application was submitted for an office-to-residential conversion in Colchester. The LPA failed to issue a decision within the 56-day statutory period. A deemed consent arose automatically under paragraph W(11) of the GPDO 2015. Read here for more details.
Retail to Residential — Chelmsford - A Class MA application secured Prior Approval for a retail-to-residential conversion in Chelmsford. Read about it here.
Get Prior Approval Planning Advice
If you are considering a project that may benefit from the Class MA prior approval route, get in touch for clear, practical advice on your options.
Andrew Ransome MRTPI Email: andrew@adpltd.co.uk | Tel: 01206 242070
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