19 August 2026

Use Class Flexibility: A Surveyor's View

Use Class Flexibility: A Surveyor's View — commentary by Chris McGarrigle MRICS

The government’s changes to use classes, creating ‘Class E’ for most commercial, business, and service uses, were intended to inject flexibility into the high street. The idea was simple enough: if a shop isn't working, it can become a café, a gym, or an office without needing a full planning application. In theory, this should help units find new life quickly, reducing vacancy rates and ensuring buildings stay in use.

In practice, it’s not quite so straightforward. For the property owner, yes, the planning hurdle is often lower. But for the occupier, the capital expenditure needed to convert a former retail unit into, say, a medical clinic or a veterinary practice is substantial. It’s not just about knocking down a wall; it’s plumbing, electrics, ventilation, soundproofing, and often a complete internal refit to meet specific operational and regulatory standards. These costs are often prohibitive, especially for smaller independent businesses.

Lease Terms and Unit Economics

Then there are the leases themselves. A lease drafted for a Class A1 retail shop might be quite different from one for a Class E office, even if both fall under the new flexible umbrella. Rent review patterns, repairing obligations, and even permitted hours of use can vary. A landlord might be open to a change of use in principle, but they'll want to protect their investment, ensuring the new use doesn't unduly impact other tenants or the building's structure.

We often see landlords using the increased flexibility of Class E as a justification for maintaining higher rents, arguing that the unit now has a broader appeal. While there’s some logic to this, it doesn't always reflect the underlying demand or the additional cost burden on the prospective tenant. A unit might *theoretically* be suitable for many uses, but if those uses require significant upfront investment from the tenant, the market rent should reflect that. The tenant needs to see a return on their fit-out costs.

Furthermore, a former clothing store might have large plate glass windows and an open plan layout that are ideal for retail. But for an office or a health clinic, these features might be a disadvantage, requiring costly modifications to create privacy, separate rooms, or secure storage. This often means a significant chunk of the tenant's initial capital goes into making the unit merely functional for its new purpose, rather than adding bespoke value.

The physical constraints of a building also play a part. Not every ground floor retail unit can easily accommodate extraction for a restaurant, or the specific access requirements for a dental surgery. Service yards and refuse areas, previously adequate for shop waste, might be insufficient for a busy café or clinic generating more varied waste streams. Practicalities often override theoretical planning flexibility.

So, while the intention behind Class E was good, the real-world application is more nuanced. It’s not a magic bullet. Property owners and prospective occupiers still need to work through the economics of conversion, the practical limitations of the space, and the specific terms of a new lease. Flexibility in planning doesn't automatically mean flexibility in cost or construction, and that's often where the friction lies.

Need advice on a lease renewal, rent review or dilapidations claim? chris@mcgarrigle.com