Class MA Prior Approval: The Complete Guide (2026)
Class MA lets you convert commercial buildings to homes without full planning permission. Here are the current rules, the major 2024 amendments, what councils actually assess, and how to avoid the most common refusal reasons.
TL;DR - The Quick Answer
Class MA (Part 3, Schedule 2 of the GPDO 2015, as amended) allows the change of use of buildings in Use Class E (commercial, business and service) to Use Class C3 (dwellinghouses) without full planning permission. Since March 2024, the 1,500 sqm floorspace cap and 3-month vacancy requirement have both been removed, significantly expanding the scope of the right. The building must have been in Class E use for at least 2 years. Prior approval costs £260 per dwelling (from 1 April 2026) compared to £610 per dwelling for full planning. The council has 56 days to decide, after which consent is deemed granted. The most common refusal reason is inadequate natural light to habitable rooms. Class MA cannot be used for listed buildings, buildings in SSSIs, AONBs, National Parks, or safety hazard areas.
What Is Class MA?
Class MA is a permitted development right introduced in August 2021 under Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015. In plain English: it lets you convert a commercial building into flats or houses without submitting a full planning application.
Instead of full planning permission, you apply for prior approval. This is a lighter-touch process where the council can only assess a limited set of matters (transport, contamination, flooding, noise, natural light, fire safety, and conservation area impact). They cannot refuse on design grounds, housing mix, or affordable housing contributions. If they don't decide within 56 days, consent is deemed granted automatically.
The right covers all uses within Use Class E - shops, offices, restaurants, cafes, light industrial, gyms, health centres, creches, and more - converting to Use Class C3 (dwellinghouses). That breadth is what makes Class MA one of the most commercially significant permitted development rights in England.
The 2024 Rule Changes
On 5 March 2024, two major restrictions on Class MA were removed by the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024. These amendments fundamentally changed the economics of commercial-to-residential conversion in England.
What Was Removed
1. The 1,500 sqm floorspace cap
Previously, Class MA was limited to buildings with a maximum cumulative floorspace of 1,500 square metres. This cap has been completely removed. There is now no upper limit on the size of building that can be converted under Class MA. A 500 sqm high street shop and a 50,000 sqm office tower are both eligible (subject to meeting the other conditions).
2. The 3-month vacancy requirement
Previously, the building had to have been vacant for a continuous period of at least 3 months immediately before the date of the prior approval application. This requirement has been removed entirely. Buildings can now be occupied and trading at the time an application is submitted.
What This Means in Practice
The removal of the floorspace cap means large office buildings, retail warehouses, and multi-storey commercial premises are now within scope. Before March 2024, developers either had to split schemes into phases under 1,500 sqm or apply for full planning permission. That constraint is gone.
The removal of the vacancy requirement is equally significant. Developers no longer need to keep a building empty for three months before applying - which was a cost burden (no rental income, rates liability, security costs) and sometimes created deliberate vacancy that harmed local high streets.
Note on Article 4 Directions: These amendments do not override existing Article 4 Directions. Several local authorities have introduced or are considering new Article 4 Directions specifically to restrict Class MA in employment areas, town centres, and conservation areas. Always check whether an Article 4 Direction applies to your site before proceeding.
Which Buildings Qualify?
To use Class MA, the building must meet the following conditions on the date the prior approval application is submitted:
Eligibility Conditions
- Use Class E for at least 2 years: The building must have been in a use falling within Class E (or a use that would now be Class E) for a continuous period of at least 2 years immediately before the date of the application. This is a rolling requirement - so for an application on 1 May 2026, the building must have been Class E since at least 1 May 2024.
- No floorspace limit: Since March 2024, there is no upper size limit. Any floorspace is eligible.
- No vacancy requirement: The building can be occupied and in active use at the time of application.
- Not in an excluded location: The building must not be in a location listed under Article 2(3) land or other exclusions (see next section).
Use Class E Includes
Use Class E is broad. It was introduced in September 2020 by merging the former A1, A2, A3, B1, D1 (part), and D2 (part) use classes. It covers:
- E(a): Shops (display or retail sale of goods, other than hot food)
- E(b): Restaurants and cafes (sale of food and drink for consumption on the premises)
- E(c): Financial and professional services (banks, building societies, estate agents)
- E(d): Indoor sport, recreation, or fitness
- E(e): Medical or health services (doctors, dentists, clinics)
- E(f): Creches, day nurseries, day centres
- E(g): Offices, research and development, light industrial processes
What Doesn't Qualify
Class MA is excluded in certain locations and for certain building types. If any of the following apply, you cannot use the permitted development right and must apply for full planning permission.
Excluded Buildings and Locations
- Listed buildings and scheduled monuments
- Sites of Special Scientific Interest (SSSIs)
- Areas of Outstanding Natural Beauty (AONBs) / National Landscapes
- National Parks and the Broads
- World Heritage Sites
- Safety hazard areas (areas notified by the Health and Safety Executive)
- Military explosives storage areas
Conservation areas - a partial exclusion: Class MA can be used in conservation areas, but with an important restriction. Where the development involves a change of use of the whole or part of the ground floor, the council can assess the impact on the character or sustainability of the conservation area. This gives councils significant power to refuse ground-floor conversions of shops and cafes in conservation area high streets while allowing upper-floor office conversions to proceed.
Other Conditions That Must Be Met
- The site must not be subject to an Article 4 Direction that removes Class MA rights. Several councils have introduced these, particularly in town centres and key employment areas.
- The development must not include any building operations beyond what is reasonably necessary for the conversion. External works, new extensions, and significant structural alterations are outside the scope of Class MA. Internal works are generally fine.
- The building must have been lawfully used within Class E. If the building's use was unauthorised or abandoned, Class MA does not apply.
What the Council Assesses
Under prior approval, the council can only consider specific matters listed in the legislation. They cannot refuse on grounds outside this list - which is the key advantage over full planning permission.
The prior approval matters for Class MA are:
The 9 Prior Approval Matters
- 1Transport and highways: Whether the residential use would create unacceptable impacts on the local road network, parking, access, servicing, or emergency routes. The council considers cumulative impact from multiple schemes.
- 2Contamination risks: Whether the site has a history of contaminative uses that could pose risks to future residents. A Phase 1 desk study is typically required to demonstrate risks are understood and can be mitigated.
- 3Flooding risks: Whether the site is in a flood zone and what mitigation measures are needed to protect future residents. Sites in Flood Zones 2 and 3 face more scrutiny but are not automatically excluded.
- 4Noise from commercial premises: Whether noise from existing commercial uses in the area would cause unacceptable living conditions for future residents. This often requires an acoustic assessment.
- 5Adequacy of natural light: Whether all habitable rooms in the proposed dwellings would receive adequate natural light. This is assessed against recognised standards (typically BRE guidelines). This is the most common reason for refusal - see the dedicated section below.
- 6Fire safety (conditional): Whether the building provides adequate means of escape and fire safety for residential use. This only applies where the building meets the fire risk condition - 18m+ in height or 7+ storeys, and creates 2 or more dwellings. Most smaller conversions are not subject to this assessment.
- 7Impact on conservation area: Where the building is in a conservation area and the change of use involves the ground floor, the council can assess the impact on the character or sustainability of the conservation area. Upper floors are not subject to this additional assessment.
- 8Impact on industrial/storage areas: Whether the introduction of residential use would have an adverse impact in an area important for general or heavy industry, waste management, storage, or distribution.
- 9Loss of registered nursery or health centre: Whether the building is or was last used as a registered nursery or health centre, and the impact of losing that service.
What the Council Cannot Refuse On
This is equally important. Under prior approval, the council cannot consider:
- Design quality or appearance (no design code compliance required)
- Housing mix, unit sizes, or tenure
- Affordable housing contributions
- General Section 106 obligations - no affordable housing or infrastructure contributions (S106 is limited to mitigation of the prior approval matters only). CIL still applies.
- Loss of commercial floorspace or employment land policies
- Amenity space or garden provision
- Overlooking or privacy impacts on neighbours
Natural Light - The Most Common Refusal Reason
Of the nine prior approval matters, adequacy of natural light is by far the most frequent reason for refusal. Commercial buildings - particularly deep-plan offices, ground-floor retail units, and buildings surrounded by taller neighbours - often struggle to provide adequate daylight to all habitable rooms.
The legislation requires that all habitable rooms (bedrooms, living rooms, kitchen-diners) receive adequate natural light. Bathrooms, hallways, and utility rooms are not habitable rooms and are exempt.
How to Avoid Refusal on Natural Light
- Commission a daylight and sunlight assessment: Submit a report prepared to BRE standards (BR 209) with your application. This is not a legal requirement, but applications without one are far more likely to be refused or delayed while the council requests further information.
- Design layouts around the light: Place habitable rooms on external walls with windows. Use non-habitable rooms (bathrooms, storage) for internal positions without direct daylight.
- Submit detailed floor plans: Show window positions, room dimensions, and how each habitable room receives light. Annotate the plans with window sizes and distances from neighbouring buildings.
- Consider reducing unit numbers: Fewer, larger units with better light access may be approvable where more, smaller units would fail. One refused unit can invalidate the entire application.
Critical point: Not providing enough information about natural light for even one unit out of multiple proposed dwellings is sufficient grounds to refuse the entire application. Address every habitable room in every unit.
Cost Comparison: Prior Approval vs Full Planning
One of the key advantages of Class MA is cost. Both the application fee and the professional fees are significantly lower than a full planning application for the equivalent scheme.
| Cost Item | Class MA Prior Approval | Full Planning Permission |
|---|---|---|
| Application fee (per dwelling) | £260 | £610 |
| Application fee (10 dwellings) | £2,600 | £6,100 |
| Application fee (50 dwellings) | £13,000 | £30,500 |
| Affordable housing contribution | Not applicable | Typically 35-50% in London |
| Section 106 obligations | Not applicable | Site-specific negotiation |
| Design and access statement | Not required | Required |
| Heritage statement | Not required | Often required |
| Typical professional fees | £3,000-15,000 | £15,000-80,000+ |
| Determination period | 56 days | 8-13 weeks (minor), 13+ weeks (major) |
Source: Planning Portal fee schedule 2026, Mayfair Studio project data • Data as of April 2026
The fee difference is substantial but the real saving is in affordable housing and S106 obligations. Under full planning, a 50-unit scheme in London would typically require 35-50% affordable housing and substantial S106 contributions. Under Class MA, none of this applies. On a large scheme, this can represent millions of pounds in value.
Note that Community Infrastructure Levy (CIL) still applies to Class MA conversions where the local authority has an adopted CIL charging schedule. CIL is calculated on the new residential floorspace and is payable regardless of whether the development has planning permission or prior approval.
Timeline and Deemed Consent
The prior approval process under Class MA follows a strict 56-day timetable. This is one of the most important features of the system.
- 1Day 0 - Application submitted: Submit the prior approval application with the required fee, plans, and supporting information to the local planning authority.
- 2Day 1 - Clock starts: The 56-day period begins on the day after the council receives a valid application. "Valid" means the correct fee has been paid and all required plans are included.
- 3Days 1-21 - Consultation period: The council notifies adjoining owners and occupiers and considers any representations received.
- 4Days 22-56 - Assessment and decision: The council assesses the prior approval matters and issues their decision.
- 5Day 57 - Deemed consent: If the council has not notified you of their decision by the end of day 56, prior approval is deemed to have been granted. You can proceed with the conversion.
Three Possible Outcomes
Important caveat on deemed consent: Deemed consent only applies if the development genuinely qualifies for the Class MA permitted development right. If the building doesn't meet the eligibility conditions (e.g., it hasn't been in Class E use for 2 years, or it's a listed building), then deemed consent does not apply - even if the council failed to respond within 56 days. The right was never available in the first place.
Practical Considerations
Building Regulations Still Apply
Prior approval under Class MA only covers the change of use. The physical conversion work must still comply with building regulations. This includes structural safety, fire safety (Part B), sound insulation between dwellings (Part E), energy efficiency (Part L), and ventilation (Part F). For commercial-to-residential conversions, building regulations compliance is often the more complex and costly part of the project.
Nationally Described Space Standards
Since April 2021, all Class MA conversions must meet the nationally described space standards. This means a minimum of 37 sqm for a 1-bed 1-person flat, 50 sqm for a 1-bed 2-person flat, and 61 sqm for a 2-bed 3-person flat. Built-in storage requirements also apply. This is a condition of the permitted development right, not a prior approval matter - meaning a conversion that doesn't meet the space standards is not permitted development at all.
Prior Approval Lapses After 3 Years
Once granted, prior approval must be implemented within 3 years. The development must have commenced (meaning material operations have begun) within this period or the approval lapses and a new application is needed.
What Counts as "Commenced"
For a change of use, commencement means the new use has begun. For Class MA, this typically means the first residential unit is occupied or substantive conversion works are underway. Simply stripping out the existing commercial fit-out may not be sufficient. Take legal advice on what constitutes commencement for your specific scheme.
Class MA (Part 3, Schedule 2, GPDO 2015) permits change of use from Class E (commercial, business, service) to Class C3 (dwellinghouses) via prior approval. Since March 2024, there is no floorspace cap or vacancy requirement. The building must have been in Class E use for 2+ years. Prior approval costs £260/dwelling (from April 2026) vs £610/dwelling for full planning. 56-day deemed consent applies. No affordable housing or S106 obligations. Cannot be used for listed buildings, SSSIs, AONBs, National Parks, or safety hazard areas. Most common refusal reason: inadequate natural light.
Frequently Asked Questions
What is Class MA prior approval?
Class MA is a permitted development right under Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. It allows the change of use of buildings in Use Class E (commercial, business and service - including shops, offices, restaurants, gyms, and light industrial) to Use Class C3 (dwellinghouses) without full planning permission. Instead, you apply for prior approval, where the council can only assess seven specific matters: transport, contamination, flooding, noise, natural light, fire safety, and conservation area impact. The fee is £260 per dwelling (from 1 April 2026) and the council has 56 days to decide. Source: The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021.
Has the Class MA floorspace cap been removed?
Yes. The 1,500 sqm cumulative floorspace cap was removed on 5 March 2024 by the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024. There is now no upper limit on the size of building that can be converted under Class MA. Previously, developers of larger buildings had to split schemes into phases or apply for full planning permission. The vacancy requirement (3 months continuous vacancy) was also removed at the same time. The 2-year Class E use requirement remains.
Can I convert an office to flats without planning permission?
Yes, if the office falls within Use Class E(g)(i) and has been in that use for at least 2 years, you can convert it to residential under Class MA without full planning permission. You need prior approval, which is a lighter process where the council can only assess transport, contamination, flooding, noise, natural light, fire safety, and conservation area impact. The building must not be listed, in an SSSI, AONB, National Park, or safety hazard area. Building regulations approval is still required for the physical conversion works. Since March 2024, there is no floorspace cap or vacancy requirement.
How much does Class MA prior approval cost?
The application fee for Class MA prior approval is £260 per dwelling from 1 April 2026 (previously £250 from April 2025, and £125 before that). For comparison, full planning permission for new dwellings costs £610 per dwelling. Professional fees for preparing a Class MA application typically range from £3,000-£15,000 depending on scheme size and complexity - significantly less than the £15,000-£80,000+ typical for a full planning application. No affordable housing contributions or Section 106 obligations apply, though Community Infrastructure Levy (CIL) is still payable where applicable.
What happens if the council doesn't decide within 56 days?
If the local planning authority fails to notify you of their decision within 56 days of receiving a valid prior approval application, consent is deemed to have been granted automatically. This is known as 'deemed consent.' However, this only applies if the development genuinely qualifies for the Class MA permitted development right - if the building doesn't meet the eligibility conditions (e.g., hasn't been in Class E use for 2 years, or is listed), deemed consent does not apply regardless of the council's failure to respond. The 56-day period begins the day after the council receives the valid application.
Can Class MA be used in a conservation area?
Yes, with a restriction. Class MA can be used in conservation areas, unlike in SSSIs, AONBs, and National Parks where it is excluded entirely. However, where the development involves a change of use of the whole or part of the ground floor in a conservation area, the council can assess the impact on the character or sustainability of the conservation area as an additional prior approval matter. This means upper-floor office conversions in conservation areas face no additional conservation-related scrutiny, but ground-floor shop or cafe conversions may be refused if the council considers the impact on the conservation area unacceptable.
Do Class MA conversions need to meet space standards?
Yes. Since April 2021, all dwellings created under Class MA must meet the nationally described space standards. This is a condition of the permitted development right itself, not a prior approval matter - meaning a conversion that doesn't meet the space standards is simply not permitted development. Minimum sizes are: 37 sqm (1-bed 1-person), 50 sqm (1-bed 2-person), 61 sqm (2-bed 3-person), 70 sqm (2-bed 4-person), 74 sqm (3-bed 4-person). Built-in storage requirements also apply. These standards apply regardless of local authority policy.
What is the most common reason Class MA applications are refused?
Inadequate natural light in habitable rooms is the most common reason for Class MA prior approval refusals. Commercial buildings often have deep floorplates, limited external wall frontage, and are surrounded by taller buildings - all of which restrict daylight access. The solution is to submit a comprehensive daylight and sunlight assessment (to BRE standards) with your application, design layouts so habitable rooms (bedrooms, living rooms) are on external walls with windows, and consider reducing unit numbers if some units cannot achieve adequate light levels. Not providing enough natural light evidence for even one unit in a multi-unit scheme can result in refusal of the entire application.
Summary
Class MA is one of the most commercially valuable permitted development rights in England. The March 2024 amendments - removing the floorspace cap and vacancy requirement - have significantly expanded its scope, bringing large office buildings and occupied premises into play for the first time.
The process is faster (56 days vs 8-13+ weeks), cheaper (£260 vs £610 per dwelling), and avoids affordable housing and S106 obligations. But it is not without risk. Inadequate natural light is a genuine barrier for many commercial buildings, and Article 4 Directions are an increasing threat as councils seek to protect employment land and high street vitality.
The key to a successful Class MA application is thorough preparation. Address all nine prior approval matters upfront - particularly natural light - and submit a comprehensive application with supporting evidence. If the council has nothing to object to, you should have your approval within 56 days.
Related Articles
Class MA prior approval converts Class E commercial buildings to C3 dwellinghouses without full planning permission. Since March 2024: no floorspace cap (was 1,500 sqm), no vacancy requirement (was 3 months). Building must have been Class E for 2+ years. Fee: £260/dwelling (April 2026). 56-day deemed consent. Council assesses 7 matters only: transport, contamination, flooding, noise, natural light, fire safety, conservation area impact. No affordable housing, no S106, no design review. Cannot use for listed buildings, SSSIs, AONBs, National Parks. Space standards (NDSS) mandatory. CIL still applies. Article 4 Directions can remove the right.
Frequently Asked Questions
What are the Class MA prior approval conditions in 2026?
Class MA conditions in 2026: the building must have been in Use Class E for at least 2 continuous years; must not be a listed building, scheduled monument, or in an SSSI, AONB, National Park, World Heritage Site, or safety hazard area; must not be subject to an Article 4 Direction removing Class MA rights; all dwellings must meet nationally described space standards (min 37 sqm for 1b1p, 50 sqm for 1b2p); no external building operations beyond those reasonably necessary for the conversion. Since March 2024, there is no floorspace cap and no vacancy requirement. Fee: £260 per dwelling from 1 April 2026.
Can I convert a shop to a flat under Class MA?
Yes. Shops fall within Use Class E(a) and are eligible for Class MA conversion to residential (C3), provided the building has been in Class E use for at least 2 years and is not listed or in an excluded location. In conservation areas, the council can assess the impact on conservation area character if the ground floor is being converted - this is the only additional restriction for shops versus offices. Outside conservation areas, ground-floor shop conversions are assessed on the same nine prior approval matters as any other Class MA application.
Do I need affordable housing for a Class MA conversion?
No. Class MA prior approval does not require affordable housing contributions, Section 106 obligations, or housing mix conditions. This is one of the key financial advantages over full planning permission, where London boroughs typically require 35-50% affordable housing on qualifying schemes. However, Community Infrastructure Levy (CIL) is still payable on Class MA conversions where the local authority has an adopted CIL charging schedule. CIL is calculated on the net new residential floorspace created.
What is the difference between prior approval and planning permission?
Prior approval is a lighter-touch process where the council can only assess a limited number of specific matters defined in legislation. For Class MA, these are: transport, contamination, flooding, noise, natural light, fire safety, and conservation area impact. The council cannot consider design quality, housing mix, affordable housing, loss of employment space, or neighbour amenity. Full planning permission allows the council to consider all material planning considerations, including design, impact on neighbours, policy compliance, and infrastructure contributions. Prior approval has a 56-day determination period with deemed consent if the council doesn't respond; full planning has 8-13+ weeks with no deemed consent.
How long does Class MA prior approval take?
The council has 56 days from receipt of a valid application to make a decision. If they don't notify you of their decision within 56 days, consent is deemed granted automatically (provided the development genuinely qualifies for Class MA). In practice, most councils aim to determine applications within 56 days. Some applications are determined much faster - particularly straightforward schemes with comprehensive supporting information. After approval, you have 3 years to commence the development before the prior approval lapses.
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