A developer's guide to navigating building and planning use classes

For property professionals in the UK, staying up-to-date with the latest planning regulations and Use Classes is crucial for making informed decisions on development projects, intended uses, and target ‘tenants/end goal’. With the replacement of the Use Class Order 1987 by the Use Class Order 2020, significant changes have taken place that must be considered.  

Shortcuts ✂️

• What is a planning use class?
  • Class B
  • Class C
  • Class E
  • Class F
  • Sui Generis 
• Defunct use classes 
  • Class A
  • Class B
  • Class D
• How developers can use planning use classes to their advantage 

What is a planning use class? 

In the United Kingdom, the planning use class system serves as a classification framework to categorise diverse types of land and buildings based on their allowed uses. This system plays a crucial role in determining whether planning permission is necessary for a specific change of use or development.

The use class system provides clarity and consistency in identifying the permitted uses for different properties. It helps local authorities, developers, and individuals understand the planning requirements associated with a particular land or building. By assigning properties to specific use classes, the system establishes a framework for assessing planning applications and ensures that developments align with the intended use of the area.

The UK planning use class system encompasses various classes, each representing a distinct category of land or building use. Here is a detailed explanation of each use class as well as an outline of the defunct classifications since 2020: 

Class B  

Class B is for commercial use and it is divided into two sub-classes: B2 and B8. 

• B2 General Industrial: This class covers the use for industrial processes other than one falling within Class E(g) and excludes incineration purposes, chemical treatment, or landfill or hazardous waste. 
• B8 Storage or Distribution: This class includes open-air storage. 

Class C  

Class C includes three sub-classes: C1, C2, and C3. 

• C1 Hotels: This class is for hotels, boarding and guest houses where no significant element of care is provided, excluding hostels. 
• C2 Residential Institutions: This class covers residential care homes, hospitals, nursing homes, boarding schools, residential colleges, and training centres. 
• C2A Secure Residential Institution: This class is for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation, or use as a military barracks. 
• C3 Dwelling houses: This class is divided into three parts. 
  • C3(a) Single-person or family use: This covers use by a single person or a family, a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other, an employer and certain domestic employees, a carer and the person receiving the care, and a foster parent and foster child. 
  • C3(b) Six people sharing care: This covers up to six people living together as a single household and receiving care, such as supported housing schemes for people with learning disabilities or mental health problems. 
  • C3(c) Six people sharing a household: This class allows groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for. A small religious community may fall into this section as could a homeowner who is living with a lodger. 
• C4 Houses in Multiple Occupation: This class is for small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom. 

Class E - commercial, business, and service  

Class E is the most comprehensive class, and it covers 11 parts that more broadly cover uses previously defined in the revoked Classes A1/2/3, B1, D1(a-b), and indoor sport from D2(e). 

• E(a) Retail sale: This covers the display or retail sale of goods, other than hot food. 
• E(b) Food and drink: This covers the sale of food and drink for consumption mostly on the premises. 
• E(c) Business and service: This includes the provision of financial services, professional services (other than health or medical services), or other appropriate services in a commercial, business, or service locality. 
• E(d) Indoor sport, recreation, or fitness: This covers uses not involving motorised vehicles or firearms or use as a swimming pool or skating rink. 
• E(e) Medical or health services: This covers the provision of medical or health services except the use of premises attached to the residence of the consultant or practitioner. 
• E(f) Childcare: This includes crèches, day nurseries, or day centres not including residential use. 
• E(g) Residential use: This covers uses that can be carried 
• E(g) Uses which can be carried out in a residential area without detriment to its amenity: 
  
  • E(g)(i) Offices to carry out any operational or administrative functions, 
  • E(g)(ii) Research and development of products or processes 
  • E(g)(iii) Industrial processes 

Class F - Local community and learning

In two main parts, Class F covers uses previously defined in the revoked classes D1, ‘outdoor sport’, ‘swimming pools’ and ‘skating rinks’ from D2(e), as well as newly defined local community uses. 

• F1 learning and non-residential institutions – use (not including residential use) defined in 7 parts: 
  • F1(a) Provision of education 
  • F1(b) Display of works of art (otherwise than for sale or hire) 
  • F1(c) Museums 
  • F1(d) Public libraries or public reading rooms 
  • F1(e) Public halls or exhibition halls 
  • F1(f) Public worship or religious instruction (or in connection with such use) 
  • F1(g) Law courts 
• F2 Local community – Use as defined in four parts: 
  • F2(a) Shops (mostly) selling essential goods, including food, where the shop’s premises do not exceed 280 square metres and there is no other such facility within 1000 metres 
  • F2(b) Halls or meeting places for the principal use of the local community 
  • F2(c) Areas or places for outdoor sport or recreation (not involving motorised vehicles or firearms) 
  • F2(d) Indoor or outdoor swimming pools or skating rinks  

Sui Generis 

'Sui generis' is a Latin term that, in this context, means ‘in a class of its own’. 

Certain uses are specifically defined and excluded from classification by legislation, and therefore become ‘sui generis’. These are: 

• theatres 
• amusement arcades/centres or funfairs 
• launderettes 
• fuel stations 
• hiring, selling and/or displaying motor vehicles 
• taxi businesses 
• scrap yards, or a yard for the storage/distribution of minerals and/or the breaking of motor vehicles 
• ‘Alkali work’ (any work registerable under the Alkali, etc. Works Regulation Act 1906 (as amended))
• hostels (providing no significant element of care) 
• waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste 
• retail warehouse clubs 
• nightclubs 
• casinos 
• betting offices/shops 
• pay day loan shops 
• public houses, wine bars, or drinking establishments – from 1 September 2020, previously Class A4 
• drinking establishments with expanded food provision – from 1 September 2020, previously Class A4 
• hot food takeaways (for the sale of hot food where consumption of that food is mostly undertaken off the premises) – from 1 September 2020, previously Class A5 
• venues for live music performance  
• cinemas  
• concert halls  
• bingo halls  
• dance halls 

Other uses become ‘sui generis’ where they fall outside the defined limits of any other use class. 

For example, C4 (houses in multiple occupation) is limited to houses with no more than six residents. Therefore, houses in multiple occupation with more than six residents become a ‘sui generis’ use. 

It's important to note that there's no official list of use classes, and the interpretation of the legislation can vary between local planning authorities. Understanding the use classes can help property developers to determine if a particular site or property is suitable for their intended use, and avoid costly complications later down the line. If there are any disputes about which use class a building should fall under, it may be wise to engage an architect or planning consultant to advise and liaise on your behalf.  

Defunct use classes 

Old Use Classes are included here for reference and use in specific situations where they remain valid. 

Class A 

Class A was revoked from 1 September 2020. Class A 1/2/3 were effectively replaced with Use Class E(a,b,c). A4/5 uses were not covered by Use Class E and became defined as ‘Sui Generis’ 

• A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes 
• A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) and including estate and employment agencies. It does not include betting offices or pay day loan shops - these are now classed as “sui generis” uses (see below) 
• A3 Restaurants and cafés - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes 
• A4 Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs) including drinking establishments with expanded food provision 
• A5 Hot food takeaways - For the sale of hot food for consumption off the premises

Class B

B1 Business was revoked from 1 September 2020. It is effectively replaced with the new Class E(g). 

• B1 Business – Uses which can be carried out in a residential area without detriment to its amenity. This class was formed of three parts: 
• B1(a) Offices - Other than a use within Class A2 (see above) 
• B1(b) Research and development of products or processes 
• B1(c) Industrial processes 
• Use Classes B2 and B8 remain valid (see ‘Current Use Classes’ above). 
• Use Classes B3 (revoked in 1992), and B4 to B7 (revoked in 1995) were used to call out specific industrial uses. 

Class D 

Class D was revoked from 1 September 2020. D1 was split out and replaced by the new Classes E(e-f) and F1. D2 was split out and replaced by the new Classes E(d) and F2(c-d) as well as several newly defined ‘Sui Generis’ uses. 

• D1 Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non-residential education and training centres 
• D2 Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used). 

How developers can use planning use classes to their advantage 💡

Knowing the different building and planning use classes can be very advantageous for property developers and investors in the UK. It allows them to make informed decisions about construction projects, intended uses, and target tenants/end goals. Here are four ways developers can use building use classes to their advantage: 

1. Determine the right location and type of property to invest in 

The different use classes provide developers with a clear indication of the types of properties that are suitable for particular uses. For example, a developer looking to invest in a retail space can look for properties that fall under use class E(a), E(b), or E(c). If they are looking to invest in a residential property, they can look for properties that fall under use class C3. By understanding the different use classes, developers can make more informed decisions about where and what to invest in. 

2. Understand planning regulations and restrictions 

Developers must adhere to specific planning regulations and restrictions when constructing buildings. The use classes give developers an idea of what types of buildings are permitted in certain areas. For example, a developer looking to build a storage facility would need to ensure that the proposed site is zoned for industrial use, falling under use class B8.

3. Identify potential tenants or the end goal of a project

Developers can also use building use classes to identify potential tenants. By understanding what use classes apply to certain types of properties, they can tailor their marketing strategies to attract the right tenants or buyers. For example, a developer with a property under use class E(c)(iii) could market the space to businesses offering professional services or financial services. 

4. Maximise the value of a property 

Developers can also use building and planning use classes to maximise the value of a property. For example, a developer with a property under use class E(g)(iii) could lease the property to a company engaged in industrial processes that generate higher returns. 

The UK's recent changes to the use classes bring more flexibility and opportunities for developers and investors. However, understanding the different use classes is critical to making informed decisions about investing in, developing, or leasing properties. Developers who understand the different use classes can make more informed decisions, maximise the value of their properties, and attract the right tenants.