Change of use of a property to a residence: Procedure and Conditions after Law 5306/2026

The new law 5322/2026 amends article 199 of the Spatial and Urban Planning Code (Law 5306/2026), introducing a special framework for the conversion of existing buildings into residences to strengthen the housing stock.

Basic Settings & Exceptions

• Within planning / settlements: Change of use to residential is permitted by exception even if prohibited by applicable land uses. For buildings with deviations from building conditions (which were granted until 31/12/2025), a prior positive opinion of the Central Council of Architecture (KESA) is mandatory.

• Off Plan (Para 3A): Conversion to residential is permitted regardless of land uses, building conditions or special zoning/development regimes. The ability is granted only once and is retained even if the area is subsequently built up.

Conditions & Restrictions

• Unsupported expansion: Intervention is permitted exclusively within the existing legal envelope. Any increase in volume, structure or coverage is strictly prohibited.

• Legality & Arbitrary: A legally existing building is required. Buildings with arbitrariness are included if their affiliation to Laws 4178/2013 or 4495/2017 has been completed.

• Financial Consideration: In cases outside the plan, a one-time 5% remunerative fee is imposed on the objective value of the land in favor of the Green Fund (for environmental actions), which is paid in advance before the issuance of the permit.

• Specifications & Accessibility: The building must meet all building, structural, energy and health specifications for primary use, as well as accessibility requirements for people with disabilities in public areas.

Procedure & Short-Term Rental Ban

• These exceptional changes of use require the issuance of a building permit (and not a simple update of the Electronic Building Identity).

• Five-Year Airbnb Ban: Homes created with these exceptional provisions are prohibited from being made available for short-term rental for at least 5 years from the date of the change of use. Only owner-occupancy or long-term rental is permitted.