Is it a requirement by Ofsted to have a planning permission before setting up Supported Accommodation for young people aged for 16–17 years?
The simple answer is No.
The Supported Accommodation (England) Regulations 2023 do not themselves require planning permission for registration. The Regulations set quality and management requirements (including the accommodation standard and annual location assessments), but do not mention planning law.
Ofsted’s registration guidance (SC1) requires you to confirm that each premise can be used as proposed without the need for any additional planning permission, building works or conversion. Ofsted may pause or be unable to progress an application if there are “planning or property issues”. Ofsted also states it will not routinely ask to check planning permission evidence, but expects providers to be able to confirm lawful use.
I would therefore advise providers to seek clarification from their local authority before submitting their application.
How to handle planning at registration (best‑practice steps aimed at ‘Outstanding’ readiness)
Before you submit SC1 (per premises you intend to list):
- Check lawful use with the Local Planning Authority (LPA):
- Establish the current planning use (often C3 dwellinghouse; some uses may be C2 or sui generis depending on intensity and “care”).
- Decide whether your proposed supported accommodation for 16–17‑year‑olds represents a material change of use. If uncertain, seek a Certificate of Lawful Existing/Proposed Use (CLEUD/CLOPUD) or obtain planning permission.
- Document any HMO licensing requirements separately (licensing is not planning, but often co‑exists).
- Align your Statement of Purpose (SoP) and location assessments with the actual, lawful operation at each address (category, occupancy, any single‑sex limitation, access needs, community integration). This satisfies the accommodation standard and supports SC1 assertions.
- Only list premises on SC1 that are ready to operate in line with your SoP without further planning steps, to avoid Ofsted delaying for “planning or property issues”. Add later premises via SC3 once settled.
Evidence pack to keep on file (you may not be asked up‑front, but be inspection‑ready):
- LPA letter/email confirming no material change of use or a certificate of lawfulness/planning permission decision notice (if obtained).
- Building Control completion/approval (if works undertaken).
- HMO licence (if applicable) and landlord/leaseholder consent explicitly permitting the use.
- Location assessment (annual), premises risk assessment, and neighbourhood engagement evidence (ties directly to reg 6).
If planning is still uncertain for a property you want to use later:
- Do not include it in the initial SC1 list.
- Resolve planning lawfulness first
- open and notify Ofsted within 72 hours via SC3.
By: Godfrey Mushandu /LinkedIn
