In 2021, the government introduced Class MA permitted development rights — creating one of the most significant opportunities in UK property investment in a generation. If you own or are considering buying a vacant commercial building, Class MA may allow you to convert it to residential use without needing full planning permission.

Here is what it is, how it works, and whether it might apply to your building.

What Is Permitted Development?

Permitted development rights are granted by national government, not by local planning authorities. They allow certain types of development or change of use to take place without a full planning application. The conditions are set nationally, which means a local planning authority cannot refuse based on local design preferences, character concerns, or opinion about what the area needs. They can only assess against the specific material considerations the law permits.

Key point

This is a fundamentally different type of consent from planning permission. The outcome is more predictable, the timeline is significantly shorter, and the grounds for refusal are much more limited.

What Is Class MA?

Class MA is the permitted development right that allows buildings in Class E commercial use to be converted to residential dwellings. The Class E category was introduced in 2020 and covers a broad range of commercial uses:

Offices
Retail shops
Restaurants & cafés
Financial services
Gyms & health centres
Light industrial

This breadth makes Class MA one of the most widely applicable permitted development rights available. A significant proportion of the UK's commercial building stock falls within Class E — including many of the vacant offices, empty retail units, and underperforming commercial properties currently sitting unused on high streets and business parks across the country.

Other Use Classes That Catch People Out

Not every commercial-looking building is in Class E. Some common high street and commercial uses sit in entirely different use classes — either sui generis (no standard class; a category of their own) or another defined class such as C1. None of these qualify for Class MA permitted development, regardless of how commercial they look.

The uses that most commonly catch investors out:

Hot food takeaways
Sui Generis
Pubs & drinking establishments
Sui Generis
Hotels & guest houses
Class C1
Petrol stations
Sui Generis
Casinos & amusement arcades
Sui Generis
Nail bars (see below)
Class E or Sui Generis
Nail bars — a grey area to watch

Nail bars are not automatically sui generis, but some local planning authorities treat them as such due to concerns about chemical fumes, strong odours, and ventilation requirements. If you are looking at a building that was most recently used as a nail bar, you need to confirm how the local authority classifies it before assuming Class E applies. A formal pre-application enquiry or Certificate of Lawful Use may be needed to resolve this cleanly.

The key point is use history, not appearance. A building that looks like a normal high street shop but was last used as a takeaway or pub does not qualify for Class MA unless its lawful use was formally Class E. What it looks like matters far less than what it is classified as.

What Is Prior Approval?

Converting a building under Class MA requires prior approval from the local planning authority — but prior approval is not planning permission. The distinction matters.

Under prior approval, the local authority cannot approve or refuse the application based on the merits of the development as a whole. They can only assess against a specific, defined list of material considerations:

  • Transport and highway impacts
  • Contamination risks
  • Flood risk
  • Noise impact on future occupants
  • Natural light provision for habitable rooms
  • Impact on a local area with a high concentration of HMOs (in limited circumstances)
The 56-day rule

If the building meets the eligibility criteria and none of the material considerations present an insurmountable issue, prior approval must be granted. The local authority has 56 calendar days to decide. If they fail to respond within that window, deemed consent applies automatically.

Prior Approval vs Full Planning Permission

The difference in process — and risk — is significant.

Class MA Prior Approval
  • 56-day decision window
  • No design objections possible
  • No local character arguments
  • No social housing contributions
  • No sustainability requirements
  • Deemed consent if deadline missed
Full Planning Permission
  • 8 to 13+ weeks (often longer)
  • Design can be refused
  • Local character grounds apply
  • Social housing may be required
  • Sustainability conditions possible
  • No automatic approval if delayed