What use class is a nursery? Planning permission and change of use for nursery founders in England

The short answer: a day nursery is Class E(f)

The Town and Country Planning (Use Classes) Order 1987, Schedule 2, as amended from 1 September 2020, puts nurseries in Class E ("Commercial, Business and Service"). Class E covers "Use, or part use, for all or any of the following purposes", including at E(f):

"for a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public"

The government's planning guidance confirms it: "Registered nurseries fall within Class E (commercial, business and service)" (gov.uk, When is permission required?).

The Planning Portal summarises the classes as they have stood since 1 September 2020. The old Class D1 no longer exists, so any article, lease or planning history that calls a nursery "D1" predates the change.

Nursery schools and school-based nurseries

Education is a different class. Class F.1 ("Learning and non-residential institutions") covers "Any use not including residential use— (a) for the provision of education". A nursery that is part of a school, or a nursery school run as an educational establishment, may fall within F.1(a) rather than E(f).

In general terms, a day nursery run as a business for visiting families sits in Class E(f). A nursery that is part of a school, or run as a school, may fall within F.1(a) instead. It matters because moving from an office or shop in Class E into Class F.1 is a change of use that needs planning permission, while a move within Class E doesn't. If your model is close to the line, ask the council or a planning consultant before you sign.

Moving within Class E: why it usually needs no change-of-use permission

The government's guidance is direct:

"Movement from one primary use to another within the same use class is not development, and does not require planning permission."

So if a unit's lawful use is, say, an office (E(g)(i)) or a shop (E(a)), using it as a day nursery (E(f)) is a move within the same class. That is why many founders look first at former offices, shops, banks and gyms that sit in Class E.

The key word is lawful. What matters is the use the building is authorised for, not what the agent calls it or what it was last used for. A unit marketed as "Class E" is a claim to verify, not a fact.

In practice, we start with the council's online planning register: the planning history of the building, each permission and its decision notice, and the conditions attached. We look for permissions or conditions that tie the building to a named use, a section 106 agreement, or a use that was never authorised. Gaps in the history, or a long period of a different use, are a reason to look more closely before you rely on the agent's description.

"Yes, but": what can still stop you or need consent

Planning conditions and section 106 obligations

The 2020 changes to the Use Classes Order did not wipe out existing restrictions. The guidance says:

"The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 do not override any existing planning conditions or planning obligation which specifically prohibits a new use."

A planning permission for the building may carry a condition restricting it to, for example, office use only. Or a planning obligation (usually an agreement under section 106 of the Town and Country Planning Act 1990) may restrict the use. If such a restriction prohibits a nursery, you may need to apply to change or remove it before you can open.

The conditions that tend to matter for nurseries are those that limit opening hours, the number of children or staff, the use of outdoor areas, or parking and servicing. They aren't always obvious from the agent's description, so read each decision notice in full.

Physical works

The use class rule covers the use, not the building work. The guidance continues:

"Any associated development, such as physical works, may require separate planning and or buildings regulations approval. Other consents may also be required, for example, listed building consent may be required for works to a listed building."

A nursery conversion usually involves works: new toilets and changing areas, a kitchen, doors, perhaps new openings to reach a garden, fencing, external play equipment, signs or plant. Some of these may need planning permission, and Building Regulations apply to the building work regardless of the planning position.

In nursery conversions, the works that most often need checking are new toilets and changing areas, new or wider openings to reach outdoor space, changes to escape routes and fire doors, fencing and external play equipment, signs, and new plant such as kitchen extract or air conditioning units. Internal works on their own don't usually need planning permission unless the building is listed, but Building Regulations usually apply.

Article 4 directions

Article 4 directions let a council withdraw specified permitted development rights in an area. They do not control moves within a use class. The guidance is explicit:

"An article 4 direction cannot be used to restrict changes between uses in the same use class of the Use Classes Order."

So an Article 4 direction can't stop an office-to-nursery move within Class E. It may matter if your plan relies on a permitted development right, or affects other works. The real Class E traps are conditions and obligations (above), not Article 4.

Listed buildings and conservation areas

A change within Class E is still not development in a listed building or a conservation area. But works are treated differently. Works to a listed building may need listed building consent (see the quote above). In conservation areas, some permitted development rights are restricted, so external changes may need planning permission.

In a listed building, allow more time at the start: listed building consent can be needed for internal changes such as new partitions, toilets or openings, as well as for external works. In a conservation area, external changes such as new windows, doors, fencing or plant may need planning permission. Both can limit which layouts are possible and affect the programme, so check the building's status before you sign.

The lease and title

Planning permission and the lease are separate. The guidance says: "Land ownership, including any restrictions that may be associated with land, is not a planning matter." The user clause in a lease, the landlord's consent to alterations or to use of outdoor space, and covenants on the title can each stop a nursery that planning would allow. Those are questions for your solicitor and landlord.

When you will need planning permission

If the building's lawful use is outside Class E, a change to a nursery will usually be a material change of use. The guidance explains that "Whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case", and that "If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application." Common starting points that typically need permission:

• A house (Class C3). Running a business from home is different: "Planning permission will not normally be required to home work or run a business from home, provided that home working or a business use is incidental to the use as a dwellinghouse." A group nursery in a converted house is generally a different matter.
• Community or education uses (Class F.1 or F.2), such as halls or meeting places.
• Industrial and storage uses (Class B2 or B8).
• Hotels and residential institutions (Class C1 or C2).
• Uses that fall in no class (sui generis).

National application fees are set out in the Planning Portal fee schedule. Councils differ on pre-application advice: "Some local planning authorities charge for pre-application advice."

In general terms, a council looking at a nursery change of use will consider noise from children and outdoor play, drop-off and pick-up traffic and parking, the effect on neighbours, and whether the outdoor play area is suitable. Each council has its own local policies, so check the local plan and, if in doubt, ask for pre-application advice.

The Class T trap: it's for state-funded schools only

Founders sometimes find Class T of the General Permitted Development Order 2015, Schedule 2, Part 3 and assume it helps. It permits a change of use from Class C1, C2, C2A or E:

"to use as a state-funded school falling within Class F.1(a) of Schedule 2 to that Order."

Class T covers state-funded schools only. It is subject to prior approval on transport and highways, noise and contamination, and it doesn't apply to listed buildings. It does not help a private day nursery. And a private nursery in Class E premises doesn't need it anyway, because a move within Class E isn't development.

Four checks before you commit

1. Lawful use. Confirm the building's authorised use from the planning history, not the particulars.
2. Conditions and obligations. Read every permission and any section 106 agreement for restrictions on use, hours, numbers or outdoor areas.
3. Works. List the physical changes the nursery needs, and check which need planning permission, listed building consent or Building Regulations approval.
4. Certainty. If you need a formal answer, you can apply for a lawful development certificate. Under section 192 of the Town and Country Planning Act 1990, anyone who wishes "to ascertain whether— (a) any proposed use of buildings or other land ... would be lawful" may apply to the local planning authority.

We'd suggest a lawful development certificate before you sign when the nursery depends on the building already having a lawful Class E use and the planning history leaves any doubt. Pre-application advice is worth considering when you know you'll need planning permission, for example for a change of use or significant external works. Either way, try to agree lease terms that give you time to get the answer.

Before you sign

Planning is one of three gates; space and Ofsted registration are the others. Check usable floor area against the EYFS figures (see our guide to nursery space requirements). Then plan for Ofsted: registration for nurseries on non-domestic premises currently costs £220 to join the Early Years Register, and Ofsted aims to complete early years applications within 12 weeks (gov.uk). The registration visit comes after Ofsted accepts your application, so the premises need to be ready.

The free "Will this building work?" checklist sets out the planning, space and lease questions for nursery founders to ask on a viewing. If you have a specific building in mind, our Nursery & School Premises Sprint is an architect-led check of planning position, capacity and works before you sign. We are architects, not contractors.

Book a free intro call or get the free checklist.

Frequently asked questions

Disclaimer: This article is general guidance only. It is not advice on any specific building or site, and it is not legal advice. Please seek professional advice before acting on it. We accept no liability for reliance on this article.