How do you carry out a change of use from commercial premises to residential (cambio de uso) in Spain? In this article we explain all the procedures involved and the requirements the premises must meet.
More and more people are choosing to convert commercial premises into homes. It is in high demand among those who want to live in the city centre, and it has also become one of the most profitable businesses in the rental market.
This trend of converting commercial premises into homes has grown by 8,500% over the past four years. But not all commercial premises are suitable for this change of licence.
That is why, at Klic Arquitectos, we explain everything you need to know about changing the use of commercial premises to residential.
Requirements for a change of use from commercial to residential
Not just any premises can be converted into a home. If they are used as one without the necessary permits, and are therefore not legally recognised as habitable, the town hall’s inspectors can, after an inspection, open planning enforcement proceedings (expediente de disciplina urbanística) for improper use of the premises. This leads to a fine and a mandatory order to stop the use.
That is why we set out below the requirements the premises must meet before the change can be made legally.
Planning compatibility
The first step is to study the premises and the building they are in, to find out whether a new dwelling can be permitted in the area or whether, on the contrary, the planned residential density (densidad prevista) has already been used up.
Before starting the process, you also need to check that the statutes of the owners’ association (estatutos de la comunidad de propietarios) do not prohibit the change of use.
And if you are going to buy commercial premises to convert into a home, you can read our earlier article explaining how to find out the orientation of a flat.
Habitability standards
Once the previous step has been checked, the next thing to consider for a change of use from commercial premises to residential is whether the premises meet the habitability standards (normas de habitabilidad).
These vary depending on regional regulations and on the rules of each town hall. Aspects to take into account include minimum floor area and ceiling height, and direct ventilation and natural light, among others.
Steps for a change of use from commercial to residential
With all of the above confirmed, it is time to begin the steps that will finally lead to the deed of change of use (escritura de cambio de uso) from commercial premises to residential.
The change of use project
The first step is to engage an architect in Málaga to prepare a report on the feasibility of the project. Before any work begins, the architect must draw up a project for the change of use from commercial premises to residential. This must comply with the CTE (Spanish Technical Building Code, Código Técnico de la Edificación) and with the municipal general land-use plan.
Paying the fees
Once the project has been completed and submitted to the town hall, you will need to pay the corresponding fees to obtain the municipal building permit (licencia de obras). This is what allows the works to begin.
Registering the home
Once the works are finished and the certificate of completion (Certificado Final de Obra) has been submitted to the town hall, you will be granted the first occupancy licence (licencia de primera ocupación).
From that point on, you will also need to regularise the home in the Land Registry (Registro de la Propiedad) and in the cadastre (Catastro). To do so, you go to a notary (notario) to sign the deed of change of use from commercial premises to residential. The change of use is then fully legalised.
We hope this article has given you a clearer idea of how to carry out a change of use from commercial premises to residential.
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