Solution to the housing shortage in London?

Converting offices into homes can help bring underused buildings back to life and address the much-needed housing in London.

Office-to-residential conversion can be a sensible way to bring underused buildings back into use. However, the rules are detailed, and the national policy behind them has just changed ( I will discuss these changes in my next article). Whether you own a building, occupy one or are thinking of buying a home in one of the converted buildings, it is worth getting advice early.

Most office conversions in England rely on a permitted development right known as Class MA; this right permits one to convert commercial buildings to homes. It has been available since August 2021. It allows a building in Use Class E (commercial, business and service uses) to become residential without a full planning application. Class E is a broad category covering offices, shops, cafés, gyms, clinics and nurseries.

Key rules and requirements

• Continuous use: the main qualifying condition is that the building must have been in Class E use for a continuous period of at least two years before the application is made or prior to the approval of the application
• Two earlier restrictions were removed in March 2024. They include the first and second points below.
• No size or vacancy Caps; the previous 1,500 sqm floor space limit was removed, occupied or larger properties can now qualify. There is no longer a limit on the floor space that can be converted; large, multi-storey office blocks can therefore now qualify.
• The 3-month vacancy requirement has been removed. The building no longer needs to have stood empty beforehand.
• Prior approval is required; you must still apply to the local council for prior approval rather than a full planning application
• Time limit: the conversion work must be finished within three years of receiving prior approval

Exclusions

• Class MA covers the change of use only. External alterations, such as new windows, balconies or additional storeys, generally need planning permission in their own right unless another permitted development right applies.
• Class MA cannot be used for listed buildings or scheduled monuments. It is also excluded in Sites of Special Scientific Interest, National Parks, the Broads, National Landscapes (formerly Areas of Outstanding Natural Beauty), World Heritage Sites and certain safety-related areas.
• Where the site is occupied under an agricultural tenancy, the express consent of both landlord and tenant is required.
• Conservation areas are not excluded, but they carry the additional test described above.
• Councils can also withdraw the right in a defined area by making an Article 4 direction. Where one applies, a full planning application is needed instead. Checking for Article 4 directions is essential before buying or investing in a building with conversion in mind.

It is important to note that Permitted development does not mean the council has no say. Before starting work, the owner must apply to the local planning authority for prior approval. The council's assessment is limited to specific matters set out in the legislation.

Please see below what the council will consider.

• transport impacts, particularly safe access to the site
• contamination and flood risk
• the effect of noise from nearby commercial premises on future residents
• adequate natural light in all habitable rooms
• the impact of introducing homes into an area important for industry, storage or distribution
• the loss of a registered nursery or NHS health centre, where relevant
• in a conservation area, where the ground floor is changing use, the impact on the character of the area
• for taller buildings, fire safety, on which the council must consult the Building Safety Regulator (an independent body since January 2026)

Every new home must also meet the nationally described space standard. https://www.gov.uk/government/publications/technical-housing-standards-nationally-described-space-standard/technical-housing-standards-nationally-described-space-standard This is a condition of the permitted development right itself rather than a matter for the council to weigh up. A scheme that falls short is not permitted development at all.

The council has 56 days to decide, although this can be extended by agreement. If it does not issue a decision within that period, the development can generally go ahead. Once prior approval is granted, the conversion must be completed within three years.

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