Q&As

Impact of 2020 Use Classes changes on leases in England

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Produced in partnership with Paul Cole of Clyde & Co
Published on: 19 August 2020
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The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757 significantly overhaul the Town and Country Planning (Use Classes) Order 1987 in England. How will those changes impact (a) existing leases and (b) the drafting of leases entered into after 1 September 2020?

Existing lease

The current use permitted by most existing leases is unlikely to be affected by the legislative changes, because the majority of existing leases will typically to be drafted so that the ‘Permitted Use’ is pursuant to one of the previous Use Classes Orders or the Use Classes Order as ‘at the date of the lease’ (or similar wording). Where this is the case, the permitted use will remain unchanged by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the 2020 Regulations), SI 2020/757, and any proposed changes of use will be subject to landlord’s consent (in accordance with the terms of the lease).

If, however, the ‘Permitted Use’ is defined as the Use Classes Order ‘from time to time’ or ‘as amended’ (or similar wording) then the

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Jurisdiction(s):
United Kingdom

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