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

Putting people first: Rethinking approaches to people management 031225 John Mackey 6

Putting people first: Rethinking approaches to people management

07 Aug 2026

2

Former regional journalist joins Freshfield PR team George Hodgson

Former regional journalist joins Freshfield PR team

07 Aug 2026

3

Plans unveiled for £30m transformation of country estate Gisburne Estate

Plans unveiled for £30m transformation of country estate

07 Aug 2026

4

Fast-growing competition firm hires compliance expert Elite

Fast-growing competition firm hires compliance expert

07 Aug 2026

5

Lucky 13 for James Hall & Co in Great Taste Awards Great Taste Awards 2026 - James Hall & Co. Ltd.jpg.jpg

Lucky 13 for James Hall & Co in Great Taste Awards

06 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Morecambe Bay Walk
Morecambe-25-web-gallery4.jpg.jpg 08 Aug 2026

Morecambe Bay Walk

Arnside, Carnforth, LA5 0HD

13:00 - 18:00

The Ultimate Network
Lancaster And Morecambe Logo 13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin