Will this building work for a nursery? An architect-led checklist before you sign a lease

Why the check has to happen before you sign

Ofsted's timeline leaves little room to fix a building once you have committed to it. After you apply, Ofsted runs an application review, and "The visit will usually be 8 weeks after we have accepted your application." For nurseries on non-domestic premises, Ofsted says it aims to complete applications within "12 weeks for early years applications", adding that "it may take longer in some situations". The review guidance adds: "These timescales start from the date we contact you to confirm that we have accepted your application."

Ofsted guidance on the registration visit is clear about readiness:

"It's important that you are ready to provide childcare at this point. An inspector will not normally make more than one registration visit."

And refusal has consequences: "You'll be disqualified from applying again in future if we refuse your application." The fee to join the Early Years Register is £220 (Ofsted fees, updated 24 September 2026).

So the questions that decide whether a building can be ready belong before the lease.

Much of the registration paperwork can be prepared while the works are under way. The premises are different: once you have signed, the building, its layout and the works it needs are largely fixed. That is why we put the building questions first.

The eight checks

1. Planning use: Class E(f), or a clear route to it

A day nursery falls within Class E(f) of the Use Classes Order: "for a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public". If the building's lawful use is already in Class E, government guidance says "Movement from one primary use to another within the same use class is not development, and does not require planning permission" (gov.uk). Conditions, planning obligations, physical works and the lease can still get in the way. Outside Class E, you will usually need planning permission. See our guide to nursery use class and planning permission.

Red flag: a unit marketed as "Class E" with no planning history to back it up, or a permission with conditions that limit its use, hours or numbers. Check the lawful use before you agree heads of terms.

2. Usable area and age mix

The EYFS sets minimum indoor space per child at paragraph 3.83 of the statutory framework for group and school-based providers (effective 1 September 2026):

"Children under two years: 3.5m2 per child. Two-year-olds: 2.5m2 per child. Children aged three to five years: 2.3m2 per child."

Footnote 67 says the figures apply to "useable areas of the rooms used by the children, not including storage areas, thoroughfares, dedicated staff areas, cloakrooms, utility rooms, kitchens and toilets". The area in the particulars is not the area that counts. Capacity also depends on which ages use which rooms. Our guide to nursery space requirements explains how to work it out.

Red flag: a capacity figure worked out from the gross floor area in the particulars. Once stairs, corridors, toilets, storage and routes through rooms come out, the usable area is lower, and the places you can offer depend on which age groups use which rooms.

3. Baby room, sleep and supervision

Paragraph 3.87 says: "There should be a separate baby room for children under the age of two. However, providers must ensure that children in a baby room have contact with older children and are moved into the older age group when appropriate." Paragraph 3.86 sets safer-sleep requirements for children under two, including "Babies aged 12 months and under must only be placed to sleep in a cot."

Red flag: a layout where the only space for babies is on an upper floor, or where there is nowhere quiet for cots next to the baby room. Babies on upper floors raise questions about evacuation and daily movement that need an answer before you sign.

4. Toilets, nappy changing, kitchen and laundry

Paragraph 3.88 requires that "There is an adequate number of toilets and hand basins available - there should usually be separate toilet facilities for adults" and that "There are suitable hygienic changing facilities for changing any children who are in nappies." The EYFS gives no number. As a non-statutory benchmark written for school sites, the DfE's guidance on establishing school-based nursery provision recommends "age-appropriate low-level toilet seats and wash hand basins with a ratio of 1 per 10 pupils or part thereof". At the registration visit, Ofsted checks "that there are enough suitable kitchen, toilet and nappy-changing facilities".

Red flag: no drainage near the rooms where you need toilets and changing. New WCs a long way from the existing drains can mean bigger works, a different layout or a landlord consent you hadn't planned for.

5. Outdoor play

Paragraph 3.85: "Providers must provide all children with daily access to an outdoor play area. If that is not possible, they must ensure that outdoor activities are planned and taken for all children on a daily basis (unless circumstances make this inappropriate, for example unsafe weather conditions)." Ofsted checks "that the children have access to outdoor play (this does not necessarily have to be on the premises), and any necessary arrangements for this". Outdoor space does not raise capacity: under paragraph 3.84, providers "cannot increase the number of children on roll because they additionally use an outside area".

Red flag: no outdoor space and no safe, practical route to a nearby park. You need a clear daily arrangement either way, and the lease must allow you to use any outdoor area you are counting on.

6. Fire and escape

Paragraph 3.81 requires providers to "take reasonable steps to ensure the safety of children, staff, and others on the premises in the case of fire or any other emergency", including "An emergency evacuation procedure" and that "Fire exits must be clearly identifiable, and fire doors free of obstruction and easily opened from the inside." Separately, under article 9 of the Regulatory Reform (Fire Safety) Order 2005, "The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed". The government publishes guidance on a fire safety risk assessment for educational premises. Building work, such as new partitions, doors or openings, will also need Building Regulations approval. For school buildings, Building Bulletin 100 gives design guidance on fire safety.

The fire strategy for a specific building needs a fire safety specialist. An architect's job before you sign is to spot the layouts that make a workable strategy hard or impossible.

Red flag: a single escape route from rooms children use, especially on an upper floor or in a basement. Layouts like this can make a workable fire strategy hard, so get a fire safety specialist's view before you sign.

7. Light, heating, ventilation and condition

The registration visit checks "your premises' heating, ventilation, natural light and the general state of repair and cleanliness". It also checks "that you have carried out a risk assessment to make sure that your premises and equipment and resources ... are safe and suitable for children". Paragraph 3.80 requires premises, "including overall floor space and outdoor spaces", to be "fit for purpose and suitable for the age of children cared for and the activities provided on the premises".

Red flag: rooms with little natural light, no openable windows or heating that can't keep a steady temperature, or a building in poor repair. These can be costly to put right, and they are checked at the registration visit.

8. Arrival, security and the parent room

Paragraph 3.89 requires, among other things, that "There is an area where staff may talk to parents and/or carers confidentially", that "There is an area for staff to take breaks away from areas being used by children", that "Children do not leave the premises unsupervised", and that providers "take all reasonable steps to prevent unauthorised persons entering the premises and have an agreed procedure for checking the identity of visitors".

Red flag: a shared entrance or lobby you don't control, or no safe place for parents to drop off and collect. You need to control who comes in, and a busy shared entrance can make that hard.

Use the checklist on a viewing. The free "Will this building work?" checklist turns these eight checks into yes/no questions for nursery founders. Get the free "Will this building work?" checklist.

Case study: Little Explorers, London We tested several candidate buildings for Little Explorers to see whether each could work as a nursery.

What to ask for in the lease

Government planning guidance notes: "Land ownership, including any restrictions that may be associated with land, is not a planning matter." Talk to your solicitor and agent before you agree heads of terms. Points to raise include:

• Conditionality and timing: whether commitments can be linked to planning (where needed) and Ofsted registration.
• The user clause: whether it allows a day nursery.
• Alterations: the landlord's consent for the works the nursery needs, including toilets, kitchens, doors and any outdoor changes.
• Reinstatement: what you would have to undo when the lease ends.
• Rent-free period: time to carry out the works and complete registration before rent starts.
• A break tied to registration: a way out if planning permission (where needed) or Ofsted registration can't be obtained.
• Outdoor areas, signs and plant: consent to use any outdoor space and to install the signs and equipment the nursery needs.

How an architect tests a building

An order that finds deal-breakers early:

1. Plan review: existing plans, or a measured survey where there are none.
2. Usable-area take-off: the rooms that count under footnote 67.
3. Room-by-room capacity by age mix: places per room against paragraph 3.83.
4. Test-fit: baby room, sleep, toilets and changing, kitchen, staff and parent areas laid out on the plan.
5. Planning desk check: lawful use, planning history, conditions and obligations.
6. Outline fire and escape brief: the questions for a fire specialist.
7. Go/no-go: a clear view of whether the building is worth pursuing, and what would have to be true.

A note on schools

Independent schools have a different regime. They need DfE registration before they open. The DfE's registration guidance says "Applications ordinarily take around six months from receipt of a complete application to determine, however, some may take longer". The process includes an Ofsted pre-registration inspection that will "look at the proposed premises". The premises standards are in Part 5 of the Independent School Standards. The guidance warns that "a school stating that it is simply not ready, for example, due to incomplete building works, is not an adequate reason for delay and inspections are unlikely to be deferred for this reason alone." We will cover schools in a separate guide.

Get the checklist, or test a specific building

Start with the free "Will this building work?" checklist. It turns the eight checks above into yes/no questions to take on a viewing.

If you have a specific building in mind, the Nursery & School Premises Sprint is an architect's test of one building before you sign. It covers buildings in England. We are architects, not contractors.

Book a free intro call, get the free checklist or see the Nursery & School Premises Sprint.

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.