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

Preston firm starts work on major Merseyside warehouse development Huyton 220 1

Preston firm starts work on major Merseyside warehouse development

25 Sep 2026

2

Pothole repair machine seals hattrick of award wins for Multevo Hugh Dennis Presents Multevo With Product Of The Year Award

Pothole repair machine seals hattrick of award wins for Multevo

25 Sep 2026

3

The north needs its older homes in the plan Zak Khan

The north needs its older homes in the plan

25 Sep 2026

4

Sowena signs up to sponsor Red Rose Awards Deal of the Year RRA Sowena Group

Sowena signs up to sponsor Red Rose Awards Deal of the Year

25 Sep 2026

5

Cyber specialist wins £295,000 of Innovate UK funding    Richard Stephenson Yudu Sentinel

Cyber specialist wins £295,000 of Innovate UK funding   

25 Sep 2026

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
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

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

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

90 Day Business Planning Workshop
90 Day Business Planning Workshop 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

Employment law webinar - an update on key ERA 2025 changes
LBV Website Events GraphicEmployment Law Webinar 29 Sep 2026

Employment law webinar - an update on key ERA 2025 changes

Online, Preston, PR1 3JD

12:00 - 13:00

Preston Tech Connection Coworking Day at Society1
Preston Tech 2 29 Sep 2026

Preston Tech Connection Coworking Day at Society1

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Business on Par Burnley
Business on Par LBV Banner (1200 x 800 px).png.png 30 Sep 2026

Business on Par Burnley

Prairie Sports Village, Burnley, BB10 2FU

09:00 - 11:00

Unfair Dismissal: The critical update employers can’t afford to miss
Lancaster And Morecambe Logo 1 30 Sep 2026

Unfair Dismissal: The critical update employers can’t afford to miss

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Breakfast Social and Coworking Day: October
Breakfast Social 01 Oct 2026

Breakfast Social and Coworking Day: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – October
Lancaster And Morecambe Logo 1 01 Oct 2026

Chamber Breakfast Networking – October

Unique Kidz Youth & Community Centre, Morecambe, LA4 4NW

08:00 - 10:00

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