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Building Safety – The impacts of converting commercial premises into residential

At a glance:

  • Forecasts predict an average household growth of 220,000 over the next few years
  • Government announcement allows developers to convert shops and office space into new homes 
  • Many housing experts are concerned of the adverse effect the legislation has on the safety of the homes built

The idea of adapting shop or office space that is no longer required for its original purpose, to a suitable alternative makes logical sense. This is the case especially when it is re-purposed for another use such as residential homes, given the UK housing crisis – which according to the National Housing Federation, effects a massive 8.4 million people in England. While campaigners say that there are consistently over 1 million households on local authorities’ social housing waiting lists, the forecasts predict an average household growth of 220,000 over the next few years also requiring access to social housing. The impact of COVID-19 has seen retailers closing, while more office space has been freed up as companies have been convinced to work from home permanently.

Therefore, many experts in theory saw the government announcement allowing developers to convert shops into new homes as a good idea. The premise being that redundant retail space could be given a new purpose as residential accommodation, bringing empty or derelict buildings back into use and boosting housing supply. The process also mitigated the need for commercial developers to apply for full planning permission.

Possible cause for alarm? 

The main criticisms extend to the fact that planning rules have been relaxed, meaning developers can switch uses from shop to home without the usual processes of application and permission. 

Although an application for prior approval needs to be submitted, this is assessed on the following grounds only: 

  • Transport and highways impacts of the development – including parking
  • Contamination risks on the site
  • Flooding risks on the site
  • Noise from nearby commercial uses 
  • Provision of natural light

This means that the developers creating new residential units within obsolete office spaces are subject to significantly reduced planning controls, and potentially, a reduced range of regulatory requirements.

Opponents have blasted the government for not doing enough to ensure new homes had adequate floor space. Therefore, critics welcomed the announcement by Housing Secretary, Robert Jenrick, on 1 October 2020, that new homes delivered, will now have to meet minimum space standards. 

The waiving of planning rules has led to the conversion of retail outlets dubbed ‘human warehouse housing’, such as Terminus House in Harlow, Essex, to a 14-storey high-rise block, where London Councils have placed renters into tiny bedsits from their housing waiting lists. Residents in these type of builds have complained that they felt isolated and excluded – as many of the flats had been built at former out-of-town retail units, based on the outskirts of Essex. Harlow MP Robert Halfon told Parliament permitted development rights - the ability to turn offices into residential premises without planning permission - had been ‘an unmitigated disaster’ for his town.  

To effectively tackle the housing crisis head-on, experts are calling for much more emphasis on delivering affordable homes in appropriate locations with suitable social and physical infrastructure that can help to create sustainable communities.

Another concern is that building regulations for commercial buildings are different to those for residential. Offices and residential homes tend to have significantly different requirements for aspects such as daylight, privacy, views and accessibility. Off the back of the legislation changes, critics have slammed the creation of flats without effective ventilation provision and outdoor space. 

The idea that redundant office space could easily be turned into much needed new housing stock should be a no-brainer. Yet failures like Terminus House, have raised questions about the government’s commitment to using planning to ensure that new development meets minimum standards – at the very least. For example, this includes the type of cladding that wraps the building as unbeknownst to renters, an apartment that they have just moved into may have combustible cladding that could present a significant hazard and life safety risk.

Not only are many of these residential conversions not required to adhere to the most recent regulations, but many of them have been constructed with elements of modern methods of construction (MMC). While MMC technologies are becoming increasingly popular in the construction world, some are still not sufficiently time-tested to withstand extremities, such as fire, flood and escape of water. 

Many housing experts are concerned of the adverse effect the legislation has on the safety of the homes built. The safety, integrity and quality of conversions needs to be robustly considered at the planning stage, not following a disaster and the resulting public outcry.

We at Zurich Municipal have noticed this increasing trend of commercial property being converted into residential. Changes to legislation to make these conversions easier could have multiple consequences, including increasing the probability that local authorities will finance conversions as traffic to commercial retail and sites dries up; increasing their exposure and the probability that changes to legislation can often include less stringent regulations. The pressures are all focused on getting new homes delivered and there are concerns that corners will be cut to achieve this. Should this be allowed, the ends will most certainly not justify the means.

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