Office to Residential Rights Permanence Confirmed


Following a statement by the Prime Minister last October, the government has now confirmed that the rights will be made permanent. This follows their temporary introduction back in 2013.

Additionally, with effect from 31 May 2019, areas currently exempt from the office to residential permitted development rights will lose such status. To retain exemption from the rights an Article 4 direction, will be required.

The revised regulations also specify that proposed change of use will have to be completed within 3 years of the prior approval, whilst the amendment to the Order also now includes an additional condition allowing local planning authorities to consider “impacts of noise from commercial premises on the intended occupiers of the development”.

A new three-year temporary permitted development right for the change of use from light industrial to housing will also be created, allowing up to a maximum floorspace of 500sqm to change use. Prior approval will be required in order to assess various issues including the possible impact on the sustainability of providing industrial, storage or distribution services. This new right will come into force on 1 October 2017.