Changes to Permitted Development Rules

Posted: Wednesday, 22 May 2013 @ 14:26

The changes to the General Permitted Development Order (GPDO) come into effect tomorrow.

For owners of commercial premises the following is a summary of the most important changes which will be classified as permitted development:

  • Change of use from offices within class B1(a) to residential dwellings (Class C3)

To qualify, the building must have been used as an office within class B1(a) immediately before the 30th April or, if it is not currently in use, was last used for that use.

Listed buildings are also excluded as are buildings within the boundaries of 17 areas (mostly London Boroughs - there's a full list in the statutory instrument here

  • Change of use from B1, C1, C2, C2A or D2 to use as a state funded school

This change is presumably intended to support the Government's flagship 'Free Schools' policy

  • Change of use of agricultural buildings to any use within A1 (shops), A2 (financial and professional services), A3(restaurants and cafes), B1(business), B8(storage and distribution), C1(Hotels) or D2(assembly and leisure)

To qualify the building must have been in solely agricultural use since 3rd July 2012 or have been solely used for agricultural use for 10 years.  This prevents farmers from throwing up new agricultural buildings as a back door route to a permitted change for another use.

  • For a temporary period of 2 years from the date the use is changed, change of use from A1, A2, A3, A4(drinking establishments), A5(hot food takeaways), B1, D1(non-residential institutions) and D2 is permitted to a 'flexible' use within A1, A2, A3 or B1

This change will allow temporary lettings of premises where a user for the currently permitted use cannot be found and reduces cost and delay in getting such tenants into occupation of the premises

  • The limit on the size of building which can change from B1 or B2(general industry) to B8 or from B2/B8 to B1 is increased to 500sq m

As ever, please contact me on 01926 629005 for further information/advice.

Steven Petty, Commercial Property Solicitor

This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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