If you want to change the use of your property, for example by converting commercial premises into living accommodation, it's vital to study the planning regulations in your local authority to find out whether this is possible.
The local authority will have control over the matter, which could block your project.
The concept of change of use
A change of use is the transition from one particular use of a property to another. Article R. 151-27 of the Code de l'urbanisme sets out the following uses and purposes:
1° Farming and forestry ;
2° Residential
3° Commerce and service activities;
4° Community facilities and public services;
5° Other activities in the primary, secondary or tertiary sectors.
For example, converting a farm from agricultural use to residential use is a change of use.
What is the initial use to be taken into account?
The principle is that the primary use is the one stated in the building permit for the building in question, or any subsequent changes that have been authorised. The legal use should therefore be taken into account, without taking into account the actual use of the building. All buildings are assigned a purpose by the administrative act that authorised them.
However, if the property has not been granted planning permission, because it is very old for example, the de facto use will have to be taken into account. The actual use of the property over a certain period of time will then be decisive.
If the building in question has been modified without the necessary planning permission, the owner wishing to undertake new works must submit a declaration or apply for permission covering all past or future modifications that have changed or will change the use of the building, or altered the building in relation to its initially approved state. However, the ten-year administrative statute of limitations applicable to the declaration may override this requirement.
Jurisprudence also specifies that, conversely, the fact that the premises are not used cannot result in the extinction of the intended purpose.
What about ancillary premises?
Judges consider that ancillary premises are deemed to have the same purpose as the main building.
Planning permission required for a change of use
If your property project involves a change of use, it will need to be submitted for planning permission. This formality requires either a prior declaration or planning permission if the change involves work that modifies the load-bearing structures or facade of the building.
In this way, the local authority can check that the operation complies with town planning regulations, particularly with regard to parking requirements.
Conversely, in principle, changing from one sub-destination to another will not require any planning formalities. This is the case when a warehouse is converted into an office.
However, there may be exceptions where changing the sub-destination of a dwelling requires permission from the local authority. Article L631-7 of the French Code de la construction et de l'habitation provides for this if the municipality has more than 200,000 inhabitants and is located in the Hauts-de-Seine, Seine-Saint-Denis or Val-de-Marne departments.
The aforementioned article states in particular that "The repeated letting of furnished premises intended for residential use for short periods to transient customers who do not elect domicile there constitutes a change of use within the meaning of this article".
In conclusion, we would point out that any change of use will require a study of town planning regulations, notwithstanding the constraints of a co-ownership or housing estate.
