This information is for guidance purposes only. For any clarification the planning authority should be contacted, or reference made to the following legislation and all subsequent amendments:
- The Town and Country Planning (Scotland) Act 1997
- The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
- The Town and Country Planning (Use Classes) (Scotland) Order 1997
The change in the use of land or buildings is ‘development’ and therefore requires planning permission in most circumstances. What amounts to a material change in the use of the land depends on the facts and circumstances of each case.
Some individual uses which are similar are grouped into separate classes by the use classes order 1997. Where a building or land is used for a purpose that 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 it would not require planning permission. In certain circumstances, this is subject to conditions.
Changes are also permitted by the General Permitted Development Order 1992, which provides that certain changes of use, though involving development, are nonetheless permitted and therefore no planning permission is required.
Where a proposed activity falls into two classes, the proposal is considered as ‘mixed-use’ and will likely require planning permission.
Class 1 and 2 no longer exist and were replaced by Class 1A in March 2023.
Some terms used are defined in the interpretation section at the end of the document.
|
Use Class |
Use Description |
Changes Permitted |
|
Class 1A. Shops and financial, professional and other services |
(1) Use: (a) for the retail sale of goods other than hot food, (b) as a post office, (c) for the sale of tickets, (d) as a travel agency, (e) for the sale of cold food for consumption off the premises, (f) for hairdressing, (g) for the direction of funerals, (h) for the display of goods for sale, (i) for the hiring out of domestic or personal goods or articles, (j) as a laundrette or dry cleaners, (k) for the reception of goods to be washed, cleaned or repaired, where the sale, display or service is principally to visiting members of the public. (2) Use for the provision of — (a) financial services, (b) professional services, (c) any other services, which it is appropriate to provide in a shopping area and where the sale, display or service is principally to visiting members of the public. Other examples: supermarket; chemist; auction room; showroom, box office, offices of lawyers, accountants and other professionals (only where there are visiting members of the public); estate agent; health centre; doctors’, dentists’ or vets’ surgery, bank, building society, foreign currency exchange; beautician; nail salon; massage or other therapies; |
• 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. |
|
Class 3. Food and drink |
Use for the sale of food or drink for consumption on the premises. Examples: Cafés; snack bars; restaurants; coffee shops |
• Change to Class 1A permitted. • Change to Class 4 permitted, if the building or building unit is 300sqm or less. Version 3 (July 2023). • Otherwise, planning permission required for change of use to any other class. |
|
Class 4. Business |
Use: (a) as an office, other than a use within paragraph 2 of class 1A (financial, professional and other services); (b) for research and development of products or processes; or (c) 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. Examples: Corporate office, research laboratory, government office with no visiting members of the public; manufacturing of goods (not within class 5) |
• Change of use to Class 6, only if it relates to 235sqm or less of floor space of the building. • Otherwise, planning permission required for change of use to any other class. |
|
Class 5. General Industrial |
Use for the carrying on of an industrial process other than one falling within class 4 (business). Examples: heavy industry; vehicle repair workshop; car wash. |
• Change of use permitted to Class 4. • Change of use to Class 6, only if it relates to 235sqm or less of floor space of the building. • Otherwise, planning permission required for change of use to any other class. |
|
Class 6. Storage and Distribution |
Use for storage or as a distribution centre. Examples: self-storage premises, storage warehouse, parcel distribution depot |
• Change of use permitted to Class 4. • Otherwise, planning permission required |
|
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: (a) for the provision of residential accommodation and care to people in need of care other than a use within class 9 (houses); (b) as a hospital or nursing home; or (c) as a residential school, college or training centre. Other examples: hospices, boarding schools, care home |
• Planning permission required for change of use to any other class. |
|
Class 8A. Secure residential institutions |
Use 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 military barracks. |
• Planning permission required for change of use to any other class. |
|
Class 9. Houses |
Use: (a) as a house, other than a flat, whether or not as a sole or main residence, by- (i) a single person or by people living together as a family, or (ii) not more than 5 residents living together including a household where care is provided for residents; (b) 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. |
|
Class 10. Non-residential institutions |
Use, not including residential use: (a) as a crêche, day nursery or day centre; (b) for the provision of education; (c) for the display of works of art (otherwise than for sale or hire); (d) as a museum; (e) as a public library or public reading room; (f) as a public hall or exhibition hall; or (g) for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body; or (h) as a law court. |
• Planning permission required for change of use to any other class. |
|
Class 11. Assembly and leisure |
Use as: (a) a cinema; (b) a concert hall; (c) a bingo hall or casino; (d) a dance hall or discotheque; or (e) a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreation, not involving motorised vehicles or firearms. Examples: amusement arcade; amusement park; bowling alley; break-out rooms; casino; children's soft play; pool or snooker hall. |
• Planning permission required for change of use to any other class. |
Summary of Sui Generis Uses and Permitted Changes of Use
Any use not falling within a specified class is known as being Sui Generis, which is a Latin expression meaning of its own kind, or unique in its characteristics. This list below comprises uses specifically mentioned in the 1997 order as being excluded from any use class. There will of course be other uses which are sui-generis so the list is non-exhaustive.
|
Use description |
Changes Permitted |
|
Use as an amusement arcade or centre or funfair. |
None |
|
Use as a theatre. |
None |
|
Use for the sale of fuel for motor vehicles. |
None |
|
Use for the sale, or display for the sale of motor vehicles. |
• Change of use to Class 1A permitted, only of a building whose total floor area does not exceed 235sqm. • Otherwise, planning permission required Version 3 (July 2023) for change of use to or from this use. |
|
Use for a taxi business or for the hire of motor vehicles. |
None |
|
Use as a scrap yard or yard for the breaking of motor vehicles. |
None |
|
Use for the storage or distribution of minerals. |
None |
|
Use as a public house. |
None |
|
Use for any work registerable under the Alkali etc. Works Regulations Act 1906. |
None |
|
Use for the sale of hot food for consumption off the premises. |
• Change 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 to Class 4 permitted, if the building or building unit is 300sqm or less. • Otherwise, planning permission required for change of use to or from this use. |
|
Use as a waste disposal installation for incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC under heading D9), or landfill of waste to which Directive 91/689/EEC applies. |
None |
|
Use as a residential flat. |
None |
|
Use as a betting office. |
• Change to Class 1A permitted. Version 3 (July 2023). • 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, if the building or building unit is 300sqm or less. • Otherwise, planning permission required for change of use to or from this use. |
|
Use as a pay day loan shop. |
• Change 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 to Class 4 permitted, if the building or building unit is 300sqm or less. • Otherwise, planning permission required for change of use to or from this use. |
Interpretation
In the use classes order the following expressions have the meanings assigned to them:
“Building unit” means a part of a building which is designed or altered to be used separately, Version 3 (July 2023)
“Communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.
“Care” means personal care including the provision of appropriate help with physical and social needs or support; and in class 8 (residential institutions) includes medical care and treatment.
“Day Centre” means non-residential premises which are used for social purposes, recreation, rehabilitation or occupational training and at which care is also provided.
“High-cost short-term credit” has the meaning given in the edition of the Financial Conduct Authority’s Handbook which came into effect on 1st April 2014 (following an amendment by the Authority in the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014).
“Industrial Process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to:
- the making of any article or part of any article including a ship or vessel or a film, video or sound recording;
- the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
- the getting, dressing or treatment of minerals, in the course of any use other than agriculture.
“Pay day loan shop” means premises:
- from which high-cost short-term credit (see definition above) is provided principally to visiting members of the public and includes premises from which such credit is provided in addition to other financial or professional services; and
- which, but for provision made in this article, would fall within paragraph (2) of class 1A (financial, professional and other services) of the schedule of this Order.
“Qualifying building” means a building with a floor area of no more than 300 square metres.
“Qualifying building unit” means a building unit (see definition above) with a floor area of no more than 300 square metres.
“Site” means the whole area of land within a single unit of occupation.
“Support” means counselling or other help provided as part of a planned programme of care.
