Due to the increase in the purchase prices of residential properties and rents, there is an increased interest in the purchase of shops or offices and other commercial premises that can be converted into residential properties with the appropriate actions, a process that is usually cheaper than the purchase of a house. This is also relevant in the GOLDEN VISA market, where particularly favourable provisions apply for the conversion of commercial premises into residential properties to be made available for long-term leases.
Before anyone decides to make such a move, they should be aware that there are planning and urban aspects of the matter to consider:
In terms of planning law, a shop/office can change its use to a residence either by issuing a small-scale permit for the work to be carried out and updating the file of the residential permit, or by issuing a residential permit which will include the work for the change of use, in which case a small-scale permit will not be required. In any case, if the detailed budget for the works to be carried out exceeds €25,000 then a regular building permit should be issued.
In terms of civil law, in the majority of cases ground floor shops/offices have a façade façade and in order to be converted into functional residences, an intervention on the building's facades must be carried out, which requires the consent of the co-owners of the building, at the rate provided for in the building's regulations. Many developers overcome this without removing the storefront, but by adding metal security and view concealment elements to it. But there are also buildings whose regulations expressly prohibit any change of use without the consent of a broad majority, or even a majority of the co-owners of the building.
It should be noted here that all of the above applies to spaces of primary use, which are counted in the building's building factor. Therefore, if someone currently buys a basement utility room which is not counted in the building factor, they have no possibility of converting it into a legal dwelling.
In conclusion, before someone is interested in purchasing a shop or office or other commercial space in order to convert it into a residence, he should investigate with both his engineer and his lawyer all the above aspects of the problem, inform them of his intentions, and be informed by them if and how he can legally carry them out. Finally, the advance friendly notification of the condominium manager is recommended as the action that could prevent and avoid most unnecessary litigation...
Comments