In most cases, yes.

If the shop has a Class E use and meets a small set of eligibility criteria, you can convert it to residential flats using Class MA permitted development rights — without needing full planning permission.

The question is not really whether you can do it. In the majority of cases involving a straightforward retail unit, office, or commercial premises, the answer is yes. The more useful questions are: does this specific building qualify, how does the process work, and what should you check before committing money?

Why Shops Qualify

In 2020 the government merged a large number of separate commercial use classes into a single category called Class E. This includes most of the commercial premises you see on a typical high street: retail shops, offices, cafes, gyms, and more.

In 2021 the government then introduced Class MA permitted development rights, which allow Class E buildings to be converted to residential use without full planning permission. That combination — a broad commercial use class and a streamlined conversion route — is what makes the shop-to-flats opportunity so significant.

The key advantage

Under Class MA, the local planning authority cannot refuse based on design, local character, or general planning policy. They assess only against a short, specific list of material considerations. The result is a faster, more predictable process than full planning permission.

What the Building Needs to Qualify

Five criteria must all be met. Miss one and the permitted development route is not available. A sixth criterion — a three-month vacancy period — was required when Class MA launched in 2021 but was removed in March 2024. It is worth knowing about if you are reading older guidance.

  • Class E use. The building must have a Class E lawful use — retail, office, cafe, gym, financial services, or light industrial. Most ordinary shops qualify. Hot food takeaways, pubs, and betting shops do not.
  • At least 2 years in Class E use. The building must have been in Class E use for the two years immediately before you apply.
  • Not listed. Listed buildings cannot be converted under Class MA. This is a hard stop, not a risk to manage.
  • No Article 4 direction. Some councils have removed Class MA rights from specific areas using Article 4 directions. Check the council's planning portal for the specific address before proceeding.
  • Not in a protected location. National Parks, Areas of Outstanding Natural Beauty, and similar designations fall outside the scope of Class MA. Most town centre and suburban shops are unaffected.
  • At least 3 months vacant (removed March 2024 — no longer required). When Class MA was introduced in August 2021, the building had to have been empty for at least three months before applying. SI 2024/141 removed this requirement with effect from 5 March 2024.

Shops That Cannot Be Converted This Way

Not everything that looks like a shop on the high street qualifies. These uses sit outside Class E and are classed as sui generis — meaning they do not fit any standard use class and therefore fall outside Class MA entirely:

Hot food takeaways
Pubs & wine bars
Betting shops
Payday loan shops
Some nail bars
Amusement arcades

If you are looking at a building that was most recently used as a takeaway or a pub, the Class MA route is not available unless you can demonstrate a formal Class E use history that predates or supersedes it.

How the Process Works

Converting a shop to flats under Class MA uses a process called prior approval rather than full planning permission. Here is what that looks like in practice:

1
Eligibility check
Confirm the building meets the Class MA eligibility criteria before spending anything on drawings or surveys. A desktop eligibility assessment takes 72 hours and costs £195.
2
Drawings and planning statement
Existing and proposed floor plans, elevations where needed, and a written statement supporting the application. Typically takes two to four weeks.
3
Submit to the local planning authority
Application submitted via the Planning Portal. The 56-day clock starts from the date of submission, provided the application is complete. The council's own validation process runs in parallel — their internal admin does not delay your clock.
4
Prior approval granted
The council has 56 calendar days to decide. If they do not respond in time, deemed consent applies automatically. From instruction to decision: typically 10 to 14 weeks.
The numbers

A Class MA prior approval typically takes 10 to 14 weeks from instruction to decision. Full planning permission for the same change of use commonly takes 6 to 12 months — and carries far greater risk of refusal on subjective grounds.

Common Questions

Can I convert just part of a shop — the upper floors, for example?
Class MA applies to the whole building or the part being changed. If you are converting a building that has a ground-floor retail unit and upper floors in Class E use, you can convert the upper floors while retaining the ground floor as commercial — but the application needs to be structured correctly to make this clear.
Is there a size limit?
Not any more. Class MA originally had a 1,500 square metre floor space cap when it launched in August 2021, which meant larger buildings could not use the permitted development route. That cap was removed on 5 March 2024 by SI 2024/141. There is now no floor space limit on Class MA conversions — a significant change that opens the route to larger commercial buildings that were previously excluded.
Do the flats need to meet minimum space standards?
Yes. Permitted development does not remove the requirement to meet the nationally described space standard (NDSS). Each flat must meet the minimum floor area for its size and the number of occupants it is designed for. Natural light to habitable rooms is also assessed as part of prior approval.
Do I still need building regulations approval?
Yes. Prior approval is planning consent only. Building regulations cover the structural and safety aspects of the conversion — insulation, fire safety, means of escape, drainage — and must be obtained separately. This can run in parallel with the prior approval process to save time.
Can I convert a listed shop to flats?
Not under Class MA. Listed buildings are excluded from permitted development rights entirely. A listed building conversion requires Listed Building Consent and full planning permission for the change of use — a very different and more complex process.

Is Your Building Eligible?

Before you spend money on surveys, solicitors, or drawings, find out whether the building actually qualifies. Our PD Eligibility Assessment checks the Class MA eligibility criteria and returns a written Green, Amber or Red result within 72 hours. Fixed fee of £195.

Get Your Eligibility Assessment

Legislation Referenced in This Guide

  • Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) — the principal GPDO, setting out all permitted development rights in England. View on legislation.gov.uk
  • Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2021 (SI 2021/428) — introduced Class MA on 1 August 2021, permitting commercial to residential conversions under permitted development. View on legislation.gov.uk
  • Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 (SI 2024/141) — came into force 5 March 2024. Removed the 1,500 sqm floor space cap and the three-month vacancy requirement from Class MA. View on legislation.gov.uk
Andrew Roberts
Andrew Roberts
Commercial Property Specialist, Property With Andrew

Andrew has a 100% prior approval success rate on every Class MA application submitted. He works with investors across England on commercial-to-residential conversion, from initial eligibility through to prior approval granted and beyond.

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