Adapting a commercial building for residential use

Permitted-Development-Rights.jpg.jpg

The rise in online shopping has impacted the traditional high street with the closure of many retail outlets. Coupled with the popularity of flexible working since the pandemic, which has reduced the demand for office space, our town and city centres have changed.

As a result, residential developments have rapidly grown in these areas often replacing commercial properties. New food, drink and leisure establishments are also on the rise, to cater for the increasing number of residents now living in our city and town centres.

Director and commercial property specialist Daniel Boulton, based in WHN Solicitor’s Blackburn office, outlines the government’s legislation behind changing the use of a commercial building to residential, to ensure they are suitable for occupancy and to protect listed buildings and Conservation Areas.

Simplifying the process to the change of use of a building

The government has sought to simplify the planning process through Permitted Development Rights. These are national grants of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application, albeit subject to conditions and limitations to control the impact of any changes and to protect local amenities.

Prior to August 1, 2021, many developers took advantage of the ability to change a building’s use from office to residential, with no maximum size to the office block or the number of dwellings that it could be converted to, without the requirement for formal planning consent.

However, from this date onwards a conversion under Permitted Development must not exceed 1,500sqm (16,146 sq ft) per building.

Permission to change a building from commercial to residential use

It isn’t all bad news for developers though. Permitted Development Class MA came into effect on August 1, 2021 and allows changes from Use Class E (which is very wide and includes retail, cafes and restaurants, financial and professional services, indoor sport and fitness, medical or health services, day nurseries, offices and light industrial) to Use Class C3 (Residential).

Adhering to the GPDO rules

Developers seeking to change the use of a commercial building as outlined in Use Class E, to provide residential accommodation, must be mindful of the rules to be followed as set out in the General Permitted Development Order (GPDO).

The key pointers to be aware of are:

1. You must apply for prior approval from the local planning authority before starting work. This is much less onerous than a full planning application. The local planning authority has the power to assess the following issues:

  • Transport and parking
  • Contamination
  • Flooding
  • Noise from nearby commercial premises
  • Where the site is located in a Conservation Area, the impact on the character and sustainability of the Conservation Area.
  • The provision of adequate natural light in all habitable rooms of the dwellinghouses.

2. The building must have been vacant for or a continuous period of at least three months immediately prior to the date of the application for prior approval.

3. The building must have been in Use Class E use for a continuous period of at least two years prior to the date of the application for prior approval.

4. As referred to above, the floorspace of the building to be converted cannot exceed 1,500 square metres (including all previous applications under Use Class MA – so if you apply first to convert the ground floor, and later the first floor, the total area converted must not exceed 1,500 square metres).

5. The building (or land on which it sits) cannot form part of a site of special scientific interest, a listed building or its curtilage, a scheduled monument or its curtilage, a safety hazard area or a military explosives area.

6. The building cannot be within an area of outstanding natural beauty (AONB), 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.

Daniel Boulton specialises in commercial property law and is highly skilled in dealing with all aspects of both residential and commercial development work. If you are a developer seeking to change the use of a vacant commercial property, and seek further advice, please contact Daniel on 01254 272640 or by email: [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

St Annes improvements move forward with major investment and phased delivery The site in St Annes which is set for transformation

St Annes improvements move forward with major investment and phased delivery

21 Nov 2025

2

MHA announce interim revenues up 13 per cent Rakesh Shaunak MHA

MHA announce interim revenues up 13 per cent

20 Nov 2025

3

Blackburn College serves up its own scholars brew Bowland Brewery, of the James’s Places hospitality business headquartered in Clitheroe, have created a special IPA ale for Blackburn College's Scholars training restaurant as part of a unique project with the catering and hospitality students

Blackburn College serves up its own scholars brew

20 Nov 2025

4

Totally Wicked Group announce new fulfilment and distribution centre The Blackburn unit sold to Totally Wicked Group

Totally Wicked Group announce new fulfilment and distribution centre

19 Nov 2025

5

Lancaster University to create £2m nuclear facility control room simulator The new simulator will sit alongside the University's Data Immersion Suite, where these Lancaster students are pictured

Lancaster University to create £2m nuclear facility control room simulator

19 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin