Statutory Evolution of Class MA (Including the March 2024 Deregulation)
Class MA ('Mercantile to Abode') was inserted into Schedule 2, Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) by SI 2021/428 on 1 August 2021. It consolidated and replaced the historic Class O (office to C3 residential) and Class M (retail to C3 residential) Permitted Development rights following the creation of the broad Commercial, Business and Service Use Class E in September 2020.
On 5 March 2024, the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (SI 2024/141) came into force, significantly expanding the scope of Class MA for property developers and commercial landlords across England. The 2024 amendment removed two major hurdles: the 1,500 square metre cumulative floorspace cap and the requirement for the premises to stand vacant for 3 continuous months before applying.
| Statutory Criterion | Pre-March 2024 Class MA Rule | Current Class MA Rule (Post-5 March 2024) | Legal Statutory Reference |
|---|---|---|---|
| Maximum Floorspace Limit | Capped at 1,500 sqm of floor area | Unlimited floorspace (No sqm cap) | SI 2024/141 Article 6(a) |
| Prior Vacancy Requirement | Must be vacant for 3 continuous months | Abolished — occupied buildings qualify | SI 2024/141 Article 6(b) |
| Prior Commercial Use Period | 2 continuous years in Class E use | 2 continuous years in Class E use | GPDO Part 3 Class MA.1(2)(b) |
| Protected Land Exclusions | Excluded in National Parks, AONBs, Listed Buildings | Excluded in National Parks, AONBs, Listed Buildings (Allowed in Conservation Areas subject to ground-floor check) | GPDO Part 3 Class MA.1(1) |
| External Building Operations | Internal works only (separate PP for windows/doors) | Internal works only (separate Full PP needed for new windows/cladding) | GPDO Part 3 Class MA |
| Statutory Determination Window | 56 Calendar Days (8 Weeks) | 56 Calendar Days (8 Weeks) | GPDO Part 3 Paragraph W |
Which Buildings Qualify Under Class MA?
Any building—or part of a building—falling within Use Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended) is eligible in principle for conversion into one or more Class C3 self-contained flats or houses, provided it has been used for a Class E purpose for at least 2 continuous years before the date of the Prior Approval application:
• Class E(a): High street retail shops (excluding hot food takeaways and pubs, which are Sui Generis).
• Class E(b): Cafes and restaurants where food and drink are mostly consumed on the premises.
• Class E(c): Financial and professional services (banks, estate agents, accountancy and legal firms).
• Class E(e) & E(f): Medical or health services (GP surgeries, dental clinics, nurseries, creches).
• Class E(g): Offices, research and development studios, and light industrial workspaces suitable for a residential area.
Class MA strictly authorises conversion to Use Class C3 (self-contained single-family houses or flats). It does not grant automatic permission to create a House in Multiple Occupation (Use Class C4 or Sui Generis HMO). Converting a commercial building to an HMO requires either a two-step sequential conversion (Class MA to C3, followed by Class L C3-to-C4 where no Article 4 Direction exists) or a single Full Planning Application.
Where Is Class MA Statutorily Excluded?
Under Paragraph MA.1 of the GPDO 2015, Class MA Permitted Development cannot be used if the building or land falls within any of the following protected designations:
1. A Listed Building (Grade I, II*, or II) or land within its curtilage, or a Scheduled Monument.
2. A Site of Special Scientific Interest (SSSI), Safety Hazard Area, or Military Explosives Storage Area.
3. Article 2(3) Land—specifically National Parks, the Broads, Areas of Outstanding Natural Beauty (now National Landscapes), and World Heritage Sites.
4. Note on Conservation Areas: Unlike AONBs and National Parks, Class MA IS permitted in Conservation Areas (unless blocked by a local Article 4 Direction), but if the conversion includes the ground floor in a Conservation Area, the council must assess the impact of losing the commercial frontage on the character and sustainability of the conservation area.
Pre-Acquisition Class MA Verification Checklist
Before exchanging contracts on a commercial building for a Class MA scheme, run these five checks: