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I want to transform a commercial premises into housing, do I need a change of use authorization?
Authorization change commercial premises
No, permission for a change of use is not required. But a planning permission must be obtained for change of destination.
The change of destination:
To transform into a dwelling, it will require a planning authorization for change of destination that is to say, at least the obtaining of a prior declaration.
If the transformation is accompanied by a modification of the façade or load-bearing structures, a building permit will be required.
Attention : the change of destination requires an urban planning authorization as soon as there is a passage from one to the other of the following destinations: housing, hotel accommodation, offices, trade, crafts, industry, agricultural or forestry, warehouse and public services or of collective interest.
The change of use:
We must not confuse change of use and destination which are not governed by the same rules.
The authorization to change the use of a dwelling is required by the Construction and Housing Code for the transition from a dwelling to a professional premises.
The change of destination required to transform a commercial premises into a dwelling is required by the urban planning code.
The change of use of a premises requires an administrative authorization only when it takes place from the dwelling to another use, whatever it is and not the other way around. It is also only required in certain large cities, i.e. in municipalities with more than 200,000 inhabitants, those in the departments of the inner suburbs (92, 93 and 94) and municipalities in which the regulations have been extended.
It is therefore necessary to inquire in the town hall, as soon as you want to transform a residential premises into premises for other use (commercial ...).
The change of destination:
To transform into a dwelling, it will require a planning authorization for change of destination that is to say, at least the obtaining of a prior declaration.
If the transformation is accompanied by a modification of the façade or load-bearing structures, a building permit will be required.
Attention : the change of destination requires an urban planning authorization as soon as there is a passage from one to the other of the following destinations: housing, hotel accommodation, offices, trade, crafts, industry, agricultural or forestry, warehouse and public services or of collective interest.
The change of use:
We must not confuse change of use and destination which are not governed by the same rules.
The authorization to change the use of a dwelling is required by the Construction and Housing Code for the transition from a dwelling to a professional premises.
The change of destination required to transform a commercial premises into a dwelling is required by the urban planning code.
The change of use of a premises requires an administrative authorization only when it takes place from the dwelling to another use, whatever it is and not the other way around. It is also only required in certain large cities, i.e. in municipalities with more than 200,000 inhabitants, those in the departments of the inner suburbs (92, 93 and 94) and municipalities in which the regulations have been extended.
It is therefore necessary to inquire in the town hall, as soon as you want to transform a residential premises into premises for other use (commercial ...).
Good to know
The buyer may be forced to sign the sales agreement even if he has not yet obtained the formal agreement of the co-ownership, in particular if no general meeting is scheduled in time. In this case, he will have to make sure to add in the compromise a suspensive clause relating to the agreement of the co-ownership: he will thus be released from his commitment if the co-ownership opposes the transformation of the premises.
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