Use Class of a Property

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What is Use Class of a Property?

Planning permission is required for a change in the use of land or buildings. What amounts to a material change in the use of the land depends on the facts and circumstances of each case. If in doubt, clarification should be sought using the Planning Enquiry Form.

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
The Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Use Classes) (Scotland) Order 1997

Summary

Planning permission is a change in the use of land or buildings. What amounts to a material change in the use of the land depends on the facts and circumstances of each case. If in doubt clarification should be sought from the Planning Development Management Team.

The 1997 order groups similar types of use together into separate classes. Where a building or land is used for a purpose which is included in a particular class, the use of that building or land for any other purpose in the same class shall not be taken to involve development and therefore would not require planning permission. This is subject to conditions in certain circumstances. A change in the use of land or buildings is considered as development and therefore normally requires planning permission.

Any use not falling within a specified class falls into the Sui Generis category. Sui Generis is a Latin expression, literally meaning of its own kind or unique in its characteristics. Except in the case of changes permitted from car sales and hot food take-away use, planning permission is required for any change to or from any Sui Generis use. This guide shows some of the recognised Sui Generis uses, but this list is not exhaustive and other uses may be Sui Generis even though not specifically mentioned.

Guide to Use Classes and Permitted Changes of Use

Class	Use Description	Change Permitted
Class 1A Shops, Financial, Professional and other services	Use as: Retail sale of goods and cold (not hot) food; use for the provision of financial services; professional services; or any other services appropriate to provide in a shopping area and where the services are provided principally to visiting members of the public.	Change to Class 3 permitted, unless it would result in the change of use of a building unit situated below any part of a dwelling, or it would result in the change of use of a building or a building unit which is within 1 metre (without taking account of any communal access) of a dwelling. Change to Class 4 permitted, only if the building or building unit is 300sqm or less. Planning permission required for change of use to any other class.
Sui Generis	Use as: Filling stations and taxi/car hire businesses	Planning permission required for change of use to any other class.
Sui Generis	Use as: Betting office and Pay day loan premises.	Change of use to Class 1a permitted. Change to Class 3 permitted, unless it would result in the change of use of a building unit situated below any part of a dwelling, or it would result in the change of use of a building or a building unit which is within 1 metre (without taking account of any communal access) of a dwelling. Change of use to Class 4 PD if under 300m². Planning permission required for change of use to any other class.
Class 3 Food and Drink	Use as for the sale of food or drink for consumption on the premises e.g. cafes, restaurants, snack bars	Change of use to Class 1a permitted. Change of use to Class 4 if the building or building unit is under 300m². Planning permission required for change of use to any other class.
Sui Generis	Use as: for the sale of hot food for consumption off the premises. e.g. pizza shops, takeaways, kebab shops, fish and chip shops Shisha cafe	Change to Class 1a PD. Change to Class 3 permitted, unless it would result in the change of use of a building unit situated below any part of a dwelling, or it would result in the change of use of a building or a building unit which is within 1 metre (without taking account of any communal access) of a dwelling. Change of use to Class 4 PD if under 300m². Planning permission required for change of use to any other class.
Sui Generis	Use as: Public house	Planning permission required for change of use to any other class.
Class 4 Business	Use as: an office, other than a use within class 2 (financial, professional and other services); for research and development of products or processes; or for any industrial process; being a use which can be carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.	Change of use to Class 6 (up to 235sqm of floor space of building only). Planning permission required for change of use to any other class.
Class 5 General Industria	Use as: for the carrying on of an industrial process other than one falling within class 4 (business).	Change of use permitted to Class 4. Change of use permitted to Class 6 (up to 235sqm of floor space of the building only). Planning permission required for change of use to any other class.
Class 6 Storage or Distribution	Use as: for storage or as a distribution centre.	Change to Class 4 permitted. Planning permission required for change of use to any other class.
Sui Generis	Use as Storage or distribution of minerals	Planning permission required for change of use to any other class.
Class 7 Hotels and Hostels	Use as: a hotel, boarding house, guest house, or hostel where no significant element of care is provided, other than premises where alcohol (within the meaning given by section 2 of the Licensing Scotland Act 2005) is sold, pursuant to a premises licence issued under that Act to persons other than residents or to persons other than persons consuming meals on the premises and other than a use within class 9 (houses).	Planning permission required for change of use to any other class.
Class 8 Residential Institutions	Use as: for the provision of residential accommodation and care to people in need of care other than a use within class 9 (houses); as a hospital or nursing home; or as a residential school, college or training centre.	Planning permission required for change of use to any other class.
Class 8A Secure Residential Institutions	Use as: for the provision of secure residential accommodation; including use as: prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.	Planning permission required for change of use to any other class.
Class 9 Houses	Use as: a house, other than a flat, whether or not as a sole or main residence, by a single person or by people living together as a family, or not more than 5 residents living together including a household where care is provided for residents; as a bed and breakfast establishment or guesthouse, not in either case being carried out in a flat where at any one time not more than 2 bedrooms are, or in the case of premises having less than 4 bedrooms 1 bedroom is, used for that purpose.	Planning permission required for change of use to any other class.
Sui Generis	Use as: a residential flat	Planning permission required for change of use to any other class.
Class 10 Non-residential Institutions	Use as: not including residential use as a crèche, day nursery or day centre; for the provision of education; for the display of works of art (otherwise than for sale or hire); as a museum; as a public library or public reading room; as a public hall or exhibition hall; or for, or in connection with public worship or religious instruction, or the social or recreational activities of a religious body, as a law court.	Planning permission required for change of use to any other class.
Class 11 Assembly and Leisure	Use as: a cinema; a concert hall; a bingo hall or casino; a dance hall or discotheque; or a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreation, not involving motorised vehicles or firearms.	Planning permission required for change of use to any other class.
Sui Generis	Use as: an amusement arcade or centre or funfair; or a theatre	Planning permission required for change of use to any other class.

Class

Use Description

Change Permitted

Class 1A
Shops, Financial, Professional and other services

Use as:

Retail sale of goods and cold (not hot) food;
use for the provision of financial services;
professional services; or
any other services appropriate to provide in a shopping area and where the services are provided principally to visiting members of the public.

Change to Class 3 permitted, unless it would result in the change of use of a building unit situated below any part of a dwelling, or it would result in the change of use of a building or a building unit which is within 1 metre (without taking account of any communal access) of a dwelling.

Change to Class 4 permitted, only if the building or building unit is 300sqm or less.