cLASS q barn conversions (Updated 1 May 2024)


​What is Class Q?
In 2014, the Government introduced a new form of planning consent. Class Q was seen by Government as a way of assisting the housing shortage normally found in rural areas, without endangering our open countryside through the conversion of existing buildings.
 
It enabled landowners to convert existing agricultural buildings into homes without the need for full planning permission, instead prior approval is required.

In recent years this has meant that the phrases “Class Q” and “development rights” are used regularly when talking about barn conversions as these are rightly seen as a quicker way through the planning process.
 
What are the New Class Q Regulations?
On 30 April 2024 government announced new regulations which would come into force regarding Class Q; applications submitted on or after 21 May 2024 will be subject these new regulations set out in Statutory Instrument 2024 No. 579
 
Key changes to Class Q Regulations:
  • buildings which have ceased being part of an existing agricultural unit may now be developed
  • buildings which remain a part of an existing agricultural unit, but that are no longer used for agricultural purposes, may now be developed
  • an increase in the overall cumulative floorspace of a development to 1000m2
  • an increase in the number of dwelling houses to 10 (previously 5)
  • the reduction in the floorspace of individual dwelling houses to a maximum of 150m2
  • sites where development under Class A or Class B (of Part 6 Agricultural Rights) has taken place over ten years ago ,may now be developed. Click here for the full general permitted development legislation.
  • extensions at single storey to the rear of buildings by up to 4m onto a hard standing which was in place prior to 24th July 2023 may now be consented onto (the eaves of the extension must not exceed the eaves line of the existing building)
  • 'reasonable changes' can continue to be made to allow the building to be used as a home including, the installation or replacement of windows, doors, roofing, exterior walls (i.e. the addition of insultation), water, drainage and other services, and these may protrude up to 0.2m.
  • the proposed development must now meet national space standards
  • The building must have suitable existing access to a public highway. This is new and adds clarity around the “other impractical or undesirable” criteria in the previous iteration of the regulations. The new wording makes expressly clear that the site must already be served by (presumably) a metalled drive or lane.

The changes bring positive news for developers and agricultural businesses alike. They shows that Government continues to see value in allowing housing to come forward in this way, it more than doubles the maximum floor area, doubles the number of units allowed. In updating the regulations, Government also closes-off a frequent battleground area which related to insulation, MPD have found that LPAs will often expect the outer skin of barns to be retained and simultaneously cite that the addition of necessary insulation goes beyond works “reasonably necessary”. In making the changes, government are sending a clear signal that SIPs panels (or equivalent) are acceptable provided they are under 20cm thick.
 
Two other changes are worthy of discussion. Where a building has been sold off separately from its parent agricultural holding there is now a clearer path to consent under the revised Class Q Regulations. This has often been a key line of argument from LPAs who seek evidence of some form of agricultural activity or trade taking place which can often be difficult to source. Now, the test applied expects that only the current or previous use of the building be agricultural. Again, this sidesteps the arguments LPAs often advance that they need proof of a viable agricultural activity having taken place recently on the site in order for the barn to benefit from Class Q. This was never MDPs interpretation of the regulations but sadly some Inspectors have been convinced by the LPAs case made.

These regulations are much clearer and as a result more schemes will meet the requirements and more housing will be delivered.
 

What type of barns/farm buildings are eligible for Class Q development?
  • The building(s) is, and was, part of an Existing Agricultural Unit before 24 July 2023. (If the building became part of an Existing Agricultural Unit after 23 July 2023, Class Q can not be used until it has been part of an Existing Agricultural Unit for 10 years).
  • The building(s) ceased to be part of an Existing Agricultural Unit before 24 July 2023 and has not been used for non agricultural purposes since. (If a building ceased to be part of an Existing Agricultural Unit after 24 July 2023, Class Q can not be used until 10 years have passed and the building must not be used for non-agricultural purposes).
  • The proposed development does not include any dwelling houses that exceed 150m2.
  • The proposed development does not exceed more than ten dwellinghouses (this includes previous development carried out under Class Q).
  • The proposed development does not exceed a cumulative floorspace of 1000m2 (this includes previous development carried out under Class Q).
  • The Existing Agricultural Unit must not have developed any buildings under Class A or Class B (of the Part 6 Agricultural Rights) in the last ten years. Click here for the full general permitted development legislation. Click for our page.
  • The buildings must not be Listed, or part of/included on a Listing, or sited on Article 2(3) land (e.g. a Conservation area, World Heritage Sites, ​AONBs, The Broads or National Park);  on a site that is, or contains, a scheduled monument, within a safety hazard area, on a military explosive area.
  • The proposed development must now meet national space standards; this is unlikely to be a barrier but is welcomed.
  • The buildings must be structurally capable of the conversion. New or reinforcing of the structure is not permitted, but an independent mezzanine floor can be allowed;
  • The building(s) must have suitable existing access to a public highway. The new wording makes expressly clear that the site must already be serviced by (presumably) a metalled surface.


What am I now allowed to build and can I extend my barn/farm building?
  • You are allowed to build up to 10 dwellings per agricultural holding. These can be split into smaller dwellings and larger dwellings, but the upper cumulative limit is 1000m2.
  • The upper cap on the maximum size of any given dwelling is now lower, at 150m2. Whilst this could be a larger unit over two storeys (ie 300m2) many clients seek more than 150m2.
  • The proposed conversion is allowed to be larger than the current structure. You are now allowed to add new (presumably) insulation to the outside of walls up to 20cm thick (eg; SIPS panels) as well as new walls, windows, doors, roofing, water drainage and other services. etc.
  • You are allowed to extend a building(s) up to 4m, at single storey along the rear of the barn, provided there is an existing hard standing in place on, or prior to, 24 July 2023.
  • The garden of the property cannot be any bigger than the building’s original footprint. This area count doesn't need to include parking and access.
  • The proposed development must meet national space standards


Do I still have to apply to my Local Council?
Yes, you can’t just start work. You need to go through a process called ‘Prior Approval.’  This process involves making an application to your Local Planning Authority as they are responsible for determining whether your proposals are considered a ‘Permitted Development’ against the list of criteria. They will also need to consider if there are other factors to take into account, eg highways, contamination, access to services etc.
The prior approval procedure requires Local Planning Authorities to make a decision within 56 days, this is often referred to as 'The 56-day rule'. 
It is also important to be aware that new dwellings can attract Community Infrastructure Levy payments. Read more about Community Infrastructure Levy (CIL).
Self Builds are exempt from CIL (provided you follow the correct process) however exemption must be in place, in writing, before work starts.

It is important to remember that Building Control regulations still fully apply.


The 56-day rule
The Prior Approval procedure requires Local Planning Authorities to determine applications made under Class Q within 56 days, as a result of this many applicants and authorities thought that failure to meet the deadline resulted in automatic approval, this is NOT the case; the deadline only applies where the proposal also satisfies the relevant criteria of Q1. 

You must always be careful when taking forward any kind of proposal to make use of a Class Q permitted development rights in order to avoid the potential pitfalls. However, for those who proceed in the correct way Class Q remains an excellent way to enhance the value of agricultural buildings and create high-quality homes.

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​Rebuild or Conversion?
The case law surrounding Class Qs is evolving. There has been much discussion in recent years about what is deemed a rebuild of a barn (and therefore not eligible under Class Q rights) and what can be genuinely described as a conversion. The distinction between the two may appear nuanced but it is still very important. We have a great deal of experience in this area.

MDP accept no responsibility for inaccurate or out of date data on this page. These regulations were, in our opinion, poorly worded and contained many double negatives and unclear conditional requirements. You are advised to read the regulations, in full, independently.

View the regulations
Find out more about the Class Q applications we have progressed.
Find out how we can help
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