Class MA prior approval (PA) rights have become a popular route to adding value, once a building (or part of one) has been clearly established to fall within Use Class E (commercial and business use). It is much quicker or more straightforward than full planning permission, although still has its limits and complexities.

However, many opportunities for development may seem to be out of the reach of this strategy at first glance, as some sites might not appear to be in Use Class E, such as some pubs, workshops or warehouses with large office components.

These sites provide great opportunities for adding value through Class MA rights as they will often put off those that want to deal only with buildings that are more clearly within Use Class E, as long as it can be proven they fall within Use Class E. This could lead to a greater willingness on the vendor’s part to do a deal, or to negotiate on the price or other terms of the deal, such as the timescales for exchange or completion.

This article draws on our recent experience under Class MA and its predecessor, Class O (B1(a) offices to C3 residential use) and considers the essentials for this advanced niche strategy.

Buildings in Class E use
Use Class E comprises a mix of former Class A uses – shops, restaurants, financial and professional services – and former Class D uses – medical and health services and creches, day nurseries and some indoor and outdoor sports uses, such as gyms. It also includes offices and light industrial uses. Therefore, this encompasses a very broad spectrum of uses.

Class MA.1(b) requires that any buildings that fall within Use Class E have been in that use for at least two years by the date of the Class MA application.