An easy-to-understand guide to the main Scottish commercial property use classes - and when planning permission may be required.
| Quick point A change in the use of land or buildings is normally development and may require planning permission. Some changes within the same use class, and certain changes allowed by permitted development rights, do not require a planning application. |
Based on City of Edinburgh Council guidance (March 2024) and the Scottish Use Classes framework.
IMPORTANT: This is a general guide only. Planning requirements depend on the property, its lawful use, the proposed use, previous permissions and any conditions. Always confirm the planning position before committing to a lease or purchase.
How to read the use classes
A practical starting point for shops, offices, restaurants, industrial units and other commercial property.
| Same class usually = no change-of-use application If an existing and proposed use both fall within the same use class, the change is not normally treated as development for use-class purposes. Conditions and the facts of the individual case can still matter. |
| Mixed use Where a proposal falls into two classes, it is considered mixed-use and will likely require planning permission. |
| Important 2023 change Class 1 and Class 2 no longer exist. They were replaced by Class 1A in March 2023. |
AT-A-GLANCE
| Class | Broad use | Typical examples |
| 1A | Shops & services | Retail, estate agents, professional services, salons, health services |
| 3 | Food & drink | Cafes, restaurants, coffee shops - food/drink consumed on premises |
| 4 | Business | Offices, R&D and light industrial uses compatible with residential areas |
| 5 | General industrial | Heavier industrial processes, vehicle repair, car wash |
| 6 | Storage & distribution | Warehouses, self-storage, distribution depots |
| 7 | Hotels & hostels | Hotels, boarding houses, guest houses and hostels |
| 8 / 8A | Residential institutions | Care/residential institutions and secure residential institutions |
| 9 | Houses | Houses and certain B&B/guesthouse uses |
| 10 | Non-residential institutions | Nurseries, education, museums, halls, worship |
| 11 | Assembly & leisure | Cinemas, gyms, sports/recreation, bingo/casino, dance halls |
| Sui Generis | Own kind / unique | Uses outside the specified classes, including pubs and some other specialist uses |
Retail, food, offices & business
The classes most commonly encountered in day-to-day commercial agency work.
| CLASS 1A | Shops and financial, professional & other services Retail sale of goods other than hot food, plus a wide range of services principally provided to visiting members of the public. Typical examples: Shops, supermarkets, chemists, estate agents, banks, lawyers/accountants with visiting public, health centres, doctors/dentists/vets, beauticians, nail salons and therapies. Permitted change: To Class 3, unless the unit is below any part of a dwelling or within 1 metre of a dwelling (excluding communal access). To Class 4 only where the building/unit is 300 sqm or less. Other changes require planning permission. |
| CLASS 3 | Food and drink Sale of food or drink for consumption on the premises. Typical examples: Cafes, snack bars, restaurants and coffee shops. Permitted change: To Class 1A. To Class 4 where the building/unit is 300 sqm or less. Other changes require planning permission. |
| CLASS 4 | Business Office uses not falling within Class 1A, research and development, and industrial processes that can operate in a residential area without detriment from noise, vibration, smell, fumes, smoke, dust or similar impacts. Typical examples: Corporate offices, research laboratories, government offices with no visiting public, and some manufacturing. Permitted change: To Class 6 only where the change relates to 235 sqm or less of floorspace. Other changes require planning permission. |
| Hot food takeaway? The Council guide describes Class 3 as food or drink consumed on the premises. A takeaway-led proposal may need separate planning consideration, so check the specific use before marketing or committing to a lease. |
Industrial, storage & hospitality
| CLASS 5 | General industrial Industrial processes that do not fall within Class 4. Typical examples: Heavy industry, vehicle repair workshops and car washes. Permitted change: To Class 4. To Class 6 where the change relates to 235 sqm or less of floorspace. Other changes require planning permission. |
| CLASS 6 | Storage and distribution Use for storage or as a distribution centre. Typical examples: Self-storage premises, storage warehouses and parcel distribution depots. Permitted change: To Class 4. Other changes require planning permission. |
| CLASS 7 | Hotels and hostels Hotels, boarding houses, guest houses or hostels where no significant element of care is provided, subject to the alcohol-related qualification in the use class definition. Typical examples: Hotels, boarding houses, guest houses and hostels. Permitted change: Planning permission required for change of use to any other class. |
FLOORSPACE THRESHOLDS TO REMEMBER
| Threshold | Where it matters in the Council guide |
| 300 sqm | Class 1A or Class 3 -> Class 4, subject to the stated conditions. |
| 235 sqm | Class 4 -> Class 6 and Class 5 -> Class 6. Also relevant to certain Sui Generis motor vehicle sales/display premises -> Class 1A. |
Residential, community & leisure uses
| CLASS 8 | Residential institutions Residential accommodation and care for people in need of care; hospitals/nursing homes; residential schools, colleges or training centres. Typical examples: Hospices, boarding schools and care homes. Permitted change: Planning permission required for change of use to any other class. |
| CLASS 8A | Secure residential institutions Secure residential accommodation. Typical examples: Prisons, young offenders institutions, detention/custody centres, secure hospitals and military barracks. Permitted change: Planning permission required for change of use to any other class. |
| CLASS 9 | Houses Houses occupied by a single person/family or not more than five residents living together, including certain care households; also certain B&B/guesthouse use within the class definition. Typical examples: Houses and qualifying small B&B/guesthouse use. Permitted change: Planning permission required for change of use to any other class. |
| CLASS 10 | Non-residential institutions A range of non-residential community, education, cultural, worship and civic uses. Typical examples: Creches/day nurseries/day centres, education, galleries, museums, libraries, public/exhibition halls, places of worship and law courts. Permitted change: Planning permission required for change of use to any other class. |
| CLASS 11 | Assembly and leisure Assembly, entertainment, sport and recreation uses within the class definition. Typical examples: Cinemas, concert halls, bingo halls/casinos, dance halls/discotheques, swimming baths, skating rinks, gyms, soft play, bowling, pool/snooker and other sport/recreation. Permitted change: Planning permission required for change of use to any other class. |
Sui Generis - uses outside the classes
“Sui Generis” means a use of its own kind. These uses sit outside the normal use classes. The Council list is expressly non-exhaustive, so a use can be Sui Generis even if it is not listed here.
| Sui Generis use | What the Council guide says about change | |
| Public house | No permitted change listed. | |
| Theatre | No permitted change listed. | |
| Fuel sales for motor vehicles | No permitted change listed. | |
| Taxi business / motor vehicle hire | No permitted change listed. | |
| Scrap yard / vehicle breaking yard | No permitted change listed. | |
| Residential flat | No permitted change listed. | |
| Short-term let | No permitted change listed. | |
| Betting office | May change to Class 1A; may change to Class 3 subject to dwelling proximity restrictions; may change to Class 4 if 300 sqm or less. Otherwise permission required. | |
| Pay day loan shop | May change to Class 1A; may change to Class 3 subject to dwelling proximity restrictions; may change to Class 4 if 300 sqm or less. Otherwise permission required. | |
| Motor vehicle sales/display | May change to Class 1A only where total building floor area does not exceed 235 sqm. Otherwise permission required. | |
| Hot food takeaway | Not Use Class 3. Current Scottish PDR allows certain changes to Use Class 3 subject to dwelling-proximity restrictions, or to Use Class 4 where the building/unit is 300 sqm or less. Check the specific planning position. | |
| Not on the list? A use can still be Sui Generis even if it is not one of the examples above. The Council guide says its list is non-exhaustive. | ||
Before you agree a property
A simple IME checklist for occupiers, landlords and agents.
| 1 | Confirm the existing lawful use Do not rely only on how the premises are currently described or occupied. |
| 2 | Define the proposed use clearly Small differences in how a business operates can affect how the use is considered. |
| 3 | Check whether it stays within the same class If it does, a change-of-use application may not be required - but conditions and other controls can still apply. |
| 4 | Check permitted changes and thresholds Pay particular attention to the 300 sqm and 235 sqm thresholds and the dwelling-proximity restriction affecting some Class 3 changes. |
| 5 | Check mixed-use proposals If the proposal falls into two classes, the Council guide says it will likely require planning permission. |
| 6 | Ask the planning authority where there is doubt The Council guide is guidance only. The facts and circumstances of each property matter. |
| IME Property Agents If you are looking at a shop, office, restaurant, industrial unit or other commercial property, IME can help you understand the property position and progress the commercial side of the transaction. Planning advice should be confirmed with the relevant planning authority or specialist adviser. |
SOURCES, FURTHER INFORMATION & IMPORTANT NOTE
This IME guide is intended as a general overview and does not constitute planning or legal advice. Planning requirements can vary depending on the property, its existing lawful use, planning history and any conditions or restrictions affecting it. Other consents may also be required. Always confirm the planning position with the relevant planning authority or a specialist adviser before committing to a lease, purchase or change of use.
Sources & further information: City of Edinburgh Council - Quick Guide to Use Classes and Permitted Changes of Use; Scottish Government - Development Management and non-domestic permitted development guidance; Town and Country Planning (Use Classes) (Scotland) Order 1997, as amended; Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended. | IME: ime.co.uk | 0131 290 2350
