Not every commercial building qualifies for Class MA permitted development. Before you spend money on surveys, drawings, or due diligence, you need to know whether the building clears the eligibility hurdles. There are six, and all six must be satisfied.
Here is what each one means, what to look out for, and how to spot a potential problem early.
The Six Eligibility Criteria
Class MA only applies to buildings with a Class E use. This includes offices, retail shops, restaurants, cafes, gyms, health centres, financial services, and light industrial. If the building has a different use class — such as D1 (faith buildings, community halls, medical centres under the old system) or Class B2 heavy industrial — it does not qualify unless that use was formally reclassified.
This sounds simple but can catch people out. Many commercial buildings in the UK have a use history going back decades. If the building was converted, extended, or used for something else in the past, you may need to confirm what its lawful use actually is. A Certificate of Lawful Use can help establish this with certainty.
Easy to check via planning historyThe building must have been used for Class E purposes continuously for at least two years immediately before the date of the prior approval application. A building that recently changed to Class E use, or that has had a break in Class E use, may not qualify.
The two-year clock runs backward from the date you apply. If you buy a building that has only been in Class E use for 18 months, you would need to wait before applying — or find a way to evidence earlier Class E use that pre-dates your ownership.
Worth confirming on newer or recently-changed buildingsThis is the criterion most people find surprising. The building cannot be occupied at the time of application — it must have been vacant for at least three continuous months immediately before the application date.
This matters enormously for acquisition strategy. If you are buying a building with a sitting tenant, you cannot simply serve notice and apply — you need to wait three months from the date the building becomes vacant. Factor this into your timeline and your financing.
The vacancy clock starts from the date of departure, not the date of purchase. If a tenant vacated before you completed on the building, that period still counts — provided you can evidence it. Utility disconnections, empty rates evidence, and landlord records all help.
Class MA does not apply to listed buildings. If the building is on the statutory list (Grade I, Grade II*, or Grade II), it falls outside the scope of the permitted development right entirely. Any change of use or works to a listed building requires Listed Building Consent, plus full planning permission for change of use.
This is a hard stop — not an amber flag. A building in a conservation area but not itself listed is still potentially eligible, though the local authority may attach conditions about the external appearance.
Hard disqualifier if listed — check Historic England's register firstAn Article 4 direction is a local planning authority decision to remove specific permitted development rights from an area or building type. Some councils have introduced Article 4 directions to protect office stock in their areas — particularly in London, Bristol, Manchester, and other major cities — which removes Class MA rights from those buildings.
Article 4 directions are area-specific. A direction in one part of a town may not cover another part. You need to check the council's Article 4 register for the specific address, not just the general area.
Each local planning authority publishes its Article 4 directions on its planning portal. A pre-application enquiry with the council can also confirm whether any apply to a specific building.
Class MA does not apply to buildings on sites within certain protected designations. These include National Parks, Areas of Outstanding Natural Beauty (AONBs), Sites of Special Scientific Interest (SSSIs), World Heritage Sites, and certain safety hazard or military explosives storage areas.
This affects relatively few commercial buildings in practice — most Class MA opportunities sit in towns and cities rather than protected landscapes — but it is worth confirming, particularly for rural market towns near AONB boundaries.
Relevant for rural and semi-rural locationsGreen, Amber, Red: A Simple Framework
When we assess a building for Class MA eligibility, we use a traffic light framework to summarise the risk against each criterion.
- Class E use confirmed and evidenced
- At least 2 years in Class E use
- Vacant for at least 3 months (or vacancy date known)
- Not listed (checked Historic England register)
- No Article 4 direction in force at this address
- Not in a National Park, AONB, or SSSI
If you can tick all six, the building almost certainly qualifies. If any are uncertain, you need to resolve those questions before making an offer — or at very least before instructing surveyors and architects.
Even if all six criteria appear to be met, a desktop eligibility assessment by someone who understands the detail of the legislation is worth the investment before you exchange contracts. A £195 check that stops you committing to a building that turns out not to qualify is one of the best returns in property.
Get a Written Eligibility Result in 72 Hours
Our PD Eligibility Assessment checks your building against all six Class MA criteria and returns a written Green, Amber or Red result. If it comes back amber, we tell you exactly what the risk is and how to resolve it. Fixed fee of £195, no obligation to use our planning service afterwards.
Start Your Eligibility Assessment — £195
Andrew has worked through the Class MA eligibility criteria on dozens of buildings across England. He knows where the grey areas sit and what evidence is needed to resolve them cleanly.