Check you have the right planning use class
Every property has a planning "use class" and you need the premises to already be in, or be granted, the right one for what you are opening.
Every property has a planning "use class" and you need the premises to already be in, or be granted, the right one for what you are opening. In England, restaurants and cafes sit in Class E, but pubs, bars and other drinking establishments are "sui generis" — outside the class system entirely, which means a change into that use almost always needs a specific planning application rather than a quick administrative switch. Scotland uses its own, separate use classes order, so check with the planning authority rather than assuming the English categories apply.
Trading from a unit without the right lawful use is a planning breach. The council can serve an enforcement notice requiring you to stop trading, and lenders, landlords and your premises licence application will all ask you to confirm the use is lawful. Finding out after the fit-out is finished is the single most expensive way to discover this.
England
Before you sign a lease or commit to a fit-out — ideally the first thing you check on a unit.
Checking is free. A change of use planning application typically costs a few hundred pounds, varying by council.
Ask specifically: what use class is the unit in now, and does it cover what you plan to do.
Scotland
Before you sign a lease or commit to a fit-out — ideally the first thing you check on a unit.
Checking is free. A change of use planning application typically costs a few hundred pounds, varying by council.
Scotland has its own use classes order — do not assume the English Class E / sui generis split applies.
Who this is for
Every venue taking on a new unit, converting a unit from a different prior use, or unsure what the previous occupier's permitted use actually was.
Applies regardless of whether you are taking a lease, buying the freehold, or taking over an existing trading business.
What you’ll hold
- Written confirmation of the current lawful use class, ideally from the council in writing
Watch out for
- Assuming a unit that was previously a cafe can become a bar without permission. In England, moving into a drinking establishment use is a change into a sui generis use even from Class E — it needs planning permission, not just a change of signage.
- Relying on the estate agent's description of the use class instead of checking with the council. Listings are frequently wrong or out of date.
- Signing a lease before confirming the use class, then finding out the change of use will take three months you don't have.
Sources
- GOV.UK — When is permission required? (use classes and change of use) checked 2026-09-02
- mygov.scot — Planning permission checked 2026-09-02
See also
This is item 54 of 66 in the free UK Launch Checklist. See the whole list →