Statutory Diligence GuideUpdated October 2026Follow on Google★

Is the Class MA 3-Month Vacancy Rule Still Required in England?

Statutory Source: Town & Country Planning (GPDO) (England) Order 2015 (Schedule 2, Part 3, Class MA)

Quick Answer: Is the Class MA 3-Month Vacancy Rule Still Required in England?

No. The statutory requirement for a building to have been vacant for at least 3 continuous months prior to submitting a Class MA prior approval application was permanently scrapped on 5 March 2024. Commercial property owners and landlords no longer need to evict paying tenants or leave premises deliberately empty to qualify for permitted development. However, the requirement that the property must have been in lawful Commercial, Business and Service (Class E) use for at least 2 continuous years immediately prior to the application date remains in full force.

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Why the Vacancy Rule Was Scrapped

The original 3-month vacancy test created perverse commercial incentives: landlords intentionally terminated leases and boarded up viable commercial premises simply to satisfy the permitted development clock.

By removing the vacancy requirement, property owners can continue collecting commercial rent during the planning and design phase, serving notice on commercial tenants only after prior approval has been granted.

However, developers must still provide documentary evidence (business rate demands, leases, utility bills) proving that the property has operated within Use Class E for at least 2 continuous years.

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Check Any Property Across 12 Official Statutory Registers

Conducting property due diligence requires cross-referencing multiple public registries. Run a free instant desktop screening across Environment Agency flood models, British Geological Survey subsidence data, UKHSA radon maps, HM Land Registry sold prices, and local planning constraints.

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Environment Agency FloodingSurface water, rivers & sea risk bands

BGS Ground StabilityShrink-swell clay & subsidence risk

UKHSA Radon Gas PotentialOfficial radon class & protection rules

HM Land Registry PricesHistorical transactions & tenure type

EPC Energy & RdSAP SpecsOfficial construction era & wall fabric

Planning Applications BufferRecent nearby planning notices (500m)

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Official Primary Verification Registers

Cross-reference property diligence across verified UK government open registers under the Open Government Licence v3.0:

Category: Commercial-to-Residential Conversions

Property Age & RdSAP Era

Official construction age bands, wall specifications, and earliest conveyance dates.

MHCLG Energy ActOpen Tool

Council Tax & Precepts

Statutory Band A–H ratios, police/fire levies, and 1 April 1991 baseline thresholds.

Local Govt Finance Act 1992Open Tool

Public Rights of Way (PRoW)

Conclusive legal proof of footpaths, bridleways, and restricted byways on land.

Wildlife & Countryside Act 1981Open Tool

Planning & Consultations

Live planning applications, 21-day neighbor notices, and permitted development appeals.

Town & Country Planning Act 1990Open Tool

Flood Risk & Surface Water

Statutory Flood Zones 1, 2, 3, 30/100/1000-year pluvial models, and Flood Re rules.

Flood & Water Mgt Act 2010Open Tool

Land Registry Sold Prices

Verified historical completion prices, title deed values, and regional ONS house price indices.

Land Registration Act 2002Open Tool

Stamp Duty (SDLT)

Exact progressive residential thresholds, £300k FTB relief, and 5% additional home surcharges.

Finance Act Statutory ScheduleOpen Tool

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Town & Country Planning (GPDO) (England) Order 2015 (Schedule 2, Part 3, Class MA) under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.