Reclaiming: how to legally change the use of a building or non-residential space

Quick overview:

• Re-accommodation = permission for a change of use of a building by the building authority.
• It applies to flats, houses and change of use of non-residential premises.
• It is also necessary for change of use without structural modifications.
• The authority assesses compliance with the zoning plan, hygiene, fire protection and other regulations.
• Use without a permit can result in fines and prohibition of activity.

Not sure if you need a re-permit? Contact us. We will assess your project and suggest the safest course of action.

What is a relicensing and when do you need it

The term “re-permitting” is not directly used in the law, but in practice it refers to a change of use of a building under the Building Act. In practice, it refers to a change in the use of a building – that is, a situation where the purpose for which the building or part of it is used changes. Sometimes it is just a “paper” change without structural modifications, sometimes the change of use is connected with modifications of the space.

Typical examples:

• change of a flat into an office or surgery,
• changing an office into a flat,
• change of use of non-residential premises to a business (e.g. a café),
• conversion of a warehouse into a workshop,
• short-term accommodation in an apartment (Airbnb) if it conflicts with the existing purpose.

According to the Building Act, the owner is obliged to use the building only for the permitted purpose. If you want to change the purpose, you need to go through the process of permitting the change of use of the building. This applies even if there are no structural alterations.

A change of purpose is a legal intervention, even if it does not build

Like many other owners, you may believe that as long as you are not interfering with the structure of the building, no permission is needed. However, this assumption is wrong and can lead to unpleasant penalties in practice. Indeed, the obligation to deal with a change of use of a building arises not only when it is demolished or rebuilt, but also when the very purpose for which the premises are used changes.

A change of use of a building without structural alterations is subject to approval, particularly if the new use deviates from the purpose stated in the approval decision. Typically, this is the case where the requirements for hygiene, noise, parking or fire safety change, or where the new use may affect the surrounding area – for example, through increased movement of people or supplies.

In practice, this includes

• a flat that starts to be used as an office for employees,
• a family home used partly as a business premises,
• or a situation where the use of non-residential premises changes to an accommodation facility.

Although at first glance it may appear to be a “paper” change, legally it is an interference with the approved use of the building.

When assessing an application, the building authority first of all examines whether the proposed change is in accordance with the zoning plan, whether the technical requirements for buildings are met and whether the new use complies with hygiene limits, for example in terms of noise, ventilation or lighting. Fire safety also plays an important role, which can vary considerably from one type of use to another.

If you make a change without the necessary consent, you run the risk of administrative proceedings. The building authority can order you to remove the defective condition, impose a fine and, in extreme cases, prohibit you from using the space for the new purpose. This can mean not only a financial loss, but also having to interrupt your business or vacate premises that have already been adapted to the new operation.

How the re-licensing process works step by step

Re-approval, i.e. change of use of a building, is dealt with at the local building authority depending on where the property is located. The practical procedure has several successive stages. Do not underestimate them, as the most frequent delays are caused by incomplete documents.

1. First, you need to clarify whether your project is even permissible under the zoning plan

Before submitting an application, we therefore recommend checking whether the site allows the intended use – for example, business, accommodation or housing. If the development would be contrary to the development plan, the authority will not allow the change regardless of the quality of the documentation.

2. This is followed by the preparation of supporting documents.

The basis is an application for change of use of the building, accompanied by documentation of the actual condition of the premises. This usually includes floor plans and a description of the current and proposed use.

Depending on the type of operation, the authority may also request the opinions of the authorities concerned, typically the health authority or the fire brigade. If you are not the owner of the property, the owner’s consent is required. For non-residential premises in a residential building, the opinion of the unit owners’ association is also crucial, especially if the change could affect other owners through noise, movement of people or supply.

3. Once the application is complete, the building authority will start to assess whether the change of use is in accordance with the legislation.

In particular, it examines compliance with the zoning ordinance, compliance with building specifications and safety standards. It also assesses whether the new use will unreasonably interfere with the rights of neighbours or other owners in the house.

In simpler cases, the building authority can speed up the procedure considerably and issue a permit for the change of use of the building as the first step in the procedure; in more complex situations, a standard administrative procedure is carried out in which other parties may also intervene and object.

4. If all the conditions are met and no obstacles are identified, the building authority will issue a change of use permit.

Only from this point on can you legally start using the space for its new purpose. If you start operating before then, you run the risk of being in breach of the permitted use.

The length of the procedure varies according to the complexity of the case. A simple change without interfering with the rights of third parties can be dealt with in a few weeks. However, if it is necessary to complete documentation, wait for the opinions of the authorities concerned or deal with objections from neighbours, the process can drag on for months or even years. That is why it pays to get the documents right from the start.

Change of use of non-residential premises has its specifics

Re-occupation very often concerns non-residential premises – typically shops, offices, warehouses or units on the ground floor of apartment buildings. However, the process is more complicated for these than for a detached building, because the change almost always affects other persons.

What is crucial is the purpose for which the space was originally permitted. For example, if it has been approved as an office, it cannot be used for housing or short-term accommodation without further consideration. Similarly, a warehouse cannot automatically be converted into a service establishment if the original approval did not provide for this.

For units in apartment buildings, the owners’ association also comes into play. The condominium bylaws may restrict certain types of activities, and other owners may argue that the new operation will increase noise, foot traffic or traffic congestion. The building authority then assesses not only the technical conditions but also whether the change will unreasonably interfere with the rights of others.

In practice, for example, the conversion of an office into a flat or vice versa is often dealt with. The problem may already arise at the level of the zoning plan – for example, if you are located in a purely commercial zone where housing is not allowed at all. In this case, the authority will not allow the change of use, even if the space is technically suitable.

This is why it is advisable to check the legal status and zoning regulations for non-residential premises first, before investing in improvements or starting a business.

Why take a lawyer?

The help of a solicitor will be particularly useful when the process of change of use becomes complicated or there are legal risks. Typically when the building authority rejects the application or suspends the proceedings and requires additional documents, when neighbours object and claim that the new development will infringe on their rights, or when the unit owners’ association does not agree to the change.

However, you will also appreciate legal representation when you are threatened with a fine for unauthorised use of the building or when you discover that the space you are buying or already own is actually being used in violation of the building permit.

In these cases, it is not just a “paper problem”, but a real risk of penalties, prohibition of operation or devaluation of the property. We will be happy to help you evaluate the situation, set the right strategy towards the authority and others and minimize the impact on your business or investment.

Checklist: do I need a relicensing?

• Does the purpose of use change from the approval decision?
• Does the number of people or the method of operation change?
• Can the change affect hygiene, noise or fire safety?
• Is the change in accordance with the zoning plan?
• Does the HOA or co-owners agree?

If you have answered yes at least once, it is very likely that the change of use of the building will require the consent of the building authority.

Summary

Re-approval, i.e. change of use of a building under the Building Act, is required whenever you want to use the property or part of it for a purpose other than that for which it was approved, even without structural alterations. Typically, this involves converting a flat into an office, an office into an apartment, changing the use of non-residential premises into a business or accommodation or combining housing and business in one building. The owner may use the building only for the permitted purpose, otherwise he/she may be fined, prohibited from using it and face other penalties. Before submitting an application, it is necessary to verify the conformity of the project with the zoning plan and to prepare the necessary documentation of the actual situation, or to secure the opinions of the sanitary service, the fire brigade or the consent of the owner or the HOA. The building authority then assesses, in particular, the conformity with the zoning plan, technical and safety requirements and the impact on the rights of neighbours; in simpler cases, a notification is sufficient, in other cases an administrative procedure is carried out. Only after the consent or decision has been issued can the space be legally used for a new purpose. In the case of non-residential premises, the process is often more complicated due to zoning regulations, the JVU statutes and possible objections from other owners.