Ready Steady Rules

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.

WHEN
Allow 8 weeks or more if a change of use application is needed
COST
Checking is free. A change of use planning application typically costs a few hundred pounds
indicative, checked 2026-08
WHO DOES IT
You, online
B6
LEGAL BASIS
Town and Country Planning Act 1990; Town and Country Planning (Use Classes) Order 1987 (as amended, England); Town and Country Planning (Use Classes) (Scotland) Order 1997.

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.

Find your council: Confirm the use class with your local 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.

Find your council: Confirm the use class with your local 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

Sources

See also

This is item 54 of 66 in the free UK Launch Checklist. See the whole list →