Conversion of Commercial Property to Residential: Key Conditions and Requirements

The conversion of a commercial property into a residential one is a process that can offer multiple advantages for both owners and potential tenants or buyers. However, this process is subject to a series of conditions and requirements that must be carefully considered to ensure the feasibility and legality of the transformation.

Below are the main aspects to consider for successfully carrying out this conversion.

A widespread restriction in most PGOUs for properties located in collective residential buildings is the limitation of accessing each one from the external public space through common areas, which in most cases is the entrance hall.

Urban Planning Regulations and General Urban Planning Plan (PGOU)

The first essential step is to review the local urban planning regulations and the General Urban Planning Plan (PGOU) of the municipality where the property is located. Each locality may have its own regulations regarding the change of use from commercial to residential. Some municipalities may have specific restrictions on this conversion, especially in areas designated exclusively for commercial or industrial use. It is crucial to verify whether the regulations permit residential use in the specific location of the property.

Licenses and Permits

Once the urban feasibility has been verified, it is necessary to obtain the corresponding permits and licenses. This generally includes applying for a change of use license at the town hall. This process usually requires submitting a technical project prepared by an architect or an engineer, which must include detailed plans and a descriptive report of the proposed change of use. The project must comply with all current building and habitability regulations.

Habitability Conditions

For a property to be converted into a residence, it must meet a series of habitability conditions established by current regulations. These requirements usually include:

-Minimum Surface Area: The resulting residence must have a minimum habitable surface area, which may vary according to local regulations. Generally, a minimum of 38-40 m² is required for a single-family home.

-Minimum Free Height: The minimum ceiling height must be at least 2.5 meters in most of the residence. In bathrooms and kitchens, a minimum height of 2.2 meters may be allowed.

-Natural Ventilation and Lighting: The residence must have sufficient natural ventilation and lighting. This means that the rooms must have adequate windows facing the outside or authorized light wells.

-Acoustic and Thermal Insulation: The residence must be adequately insulated both acoustically and thermally to ensure the comfort of the inhabitants and comply with energy efficiency regulations.

Impact on the Community and Common Areas

It is also important to consider the impact that the conversion will have on the community and the common areas of the building (if the property is located in a multi-story building). In many cases, it is necessary to obtain the approval of the community of owners to carry out the change of use. Neighbors may have concerns about the shared use of common areas, increased noise, or additional demand for services and infrastructure.

It is essential to understand that town halls grant authorization for this type of change of use without prejudice to third parties. This means that despite having an urban planning license for change of use, if the community refuses to accept the change, the license would be invalidated. Therefore, it is highly recommended to consult the community of owners before initiating any procedure.

Associated Costs

Transforming a property into a residence involves a series of costs that must be carefully evaluated. These may include:

-Professional Fees: Architects, engineers, and other professionals needed to prepare the project and process permits.

-Fees and Licenses: Costs associated with obtaining municipal licenses and permits.

-Renovation Works: The work required to adapt the property to meet habitability, accessibility, and safety requirements.

-Community Expenses: Possible increases in the community of owners’ fees if work needs to be done in common areas or if installations need to be adapted.

Conclusion

The conversion of a commercial property into a residential one can be an excellent opportunity to utilize underused spaces and meet the demand for housing in urban areas. However, this process requires meticulous planning and compliance with a series of legal and technical conditions. From reviewing urban planning regulations and obtaining permits to ensuring habitability, accessibility, and safety conditions, each step is crucial to ensure a successful and legal transformation.

For those interested in undertaking such projects, it is highly recommended to seek the advice of experienced professionals and conduct a thorough feasibility analysis before starting. This way, problems can be avoided, and it can be ensured that the new residential space meets all legal expectations and requirements.

Contact Criz Architecture for personalized advice and a customized quote,