Converting office spaces into residential flats presents a viable solution to tackle the housing shortage in the UK. While obtaining Planning Permission is often necessary for such conversions, there are specific scenarios where it is possible to proceed without it.
Through the Prior Approval application process under Class MA, it is possible to convert offices to flats without Planning Permission. This guide will provide an overview of the essential factors and necessary steps involved in this process. Paul Ashton Architects Ltd, specialize in guiding clients through this process and delivering the complete package of information required to secure approval under this form of application.
Eligibility Criteria
Due Diligence. It is prudent to start the process by confirming the intactness of your property's Permitted Development rights. In the event that your site falls under the coverage of an Article 4 direction, the Local Planning Authority may have revoked your Permitted Development rights. Should this be the case, it will be necessary to apply for Planning Permission for the conversion. We can assist you in determining the Article 4 status of your property.
Vacancy Requirement. To proceed with the conversion, it is essential that the property has remained vacant for a minimum period of three months prior to the application date.
Usage Eligibility. The office space should have been utilized for one of the purposes covered by Use Class E for a duration of at least two years.
Restricted Areas. It is important to note that converting offices to flats without Planning Permission is prohibited on protected land which includes areas such as National Parks, Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest, World Heritage Sites, and Listed Buildings. However, conversions can still be pursued in designated Conservation Areas.
Size Limitations. Under the Prior Approval under Class MA Application, conversions are subject to a size limit of 1,500 sqm. It is noteworthy that the conversion of the entire building is not mandatory, affording the flexibility to convert multiple floors within a larger office block.
Prior Approval Process
RIBA Stage 1 - Preliminary Feasibility Study. We recommend that a client commissions their chosen architect to conduct a thorough feasibility study to assess the viability of an office-to-residential conversion on their property. This study will provide valuable insights and help generate informed decisions.
RIBA Stage 2 - Pre Application Submission to the Local Planning Authority. In some cases, such as those where external alterations are required for the conversion to be viable, we recommend that clients commission us to submit a Pre Application as this can establish the LPAs reaction to such matters before producing the information required for the next stage.
RIBA Stage 3 - Prior Approval Application. Before initiating any conversion work, it is essential to submit a Prior Approval application to the Local Planning Authority [LPA]. This application will comprise the commissioning of drawings and supporting documents from a number of consultants addressing various aspects of the proposals, including transportation, contamination, noise and well as the internal spatial layouts. Complying with the Prior Approval mechanism grants your project exemption from other Planning Policies.
Upon submission of the Prior Approval application, the LPA is allotted a period of 56 days to review and determine their decision. We work with the LPA to address any matters that arise to help ease the approval process. Once the client receives their approval, they can commence the Detailed Design stage.
RIBA Stage 4 - Detailed Design. Paul Ashton Architects can produce a full set of drawings and specifications required to gain Building Regulations approval, tender the project and proceed to construction [RIBA Stage 5].
RIBA Stage 5 - Construction. Paul Ashton Architects can help with construction in addition to offering Contract Administrator and Principal Designer services.
Prior Approval vs Planning Permission
The key limitation of Prior Approval vs Planning Permission is that, technically speaking, Prior Approval, does not allow the applicant to make any changes to the external appearance of the building. However, there are a number of cases where an LPA has demonstrated flexibility on such matters. This is why a Pre Application Submission can provide valuable early feedback.
Windows: Every bedroom, living room, and kitchen in the converted flats must receive direct natural light.
Storage and Accessibility: Bicycle and refuse bin storage must be provided which can eat into the space available for conversion.
Fire Safety: Compliance with fire safety regulations is essential and can often be main main driver for the need for additional doors, escape routes and stairs. We undertake Building Regulations checks throughout the early stages of the design process to avoid material design changes following the receipt of Prior Approval under Class MA.
Advantages Prior Approval over Planning Permission
Prior Approval simplifies the conversion process as it works to a clearly set out national set of rules that mostly funcion on a binary yes/no basis. This process is less dependant on the personal judgment of a Planning Officer and Local Planning Policies are avoided entirely.